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 because the reference character “12” as identified in the specification as “holes” do not appear to identify holes in Fig. 1. 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.
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 “two ports” in Claim 3, the “grooves” in Claim 6 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 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.
Claim 5 is 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.
Re. Cl. 5, the limitation “the steel strip” in lines 3 and 4 render the claim indefinite in the Examiner’s position. Applicant establishes “steel strips” in Line 1 of claim 5 and then refers to “the steel strip” in Lines 3 and 4 of the claim. It appears as if the Applicant intends to claim a specific steel strip of the steel strips in Lines 3 and 4 but such a configuration is not specified. Therefore, the limitation is indefinite in the Examiner’s position. It is suggested that the Applicant amend lines 3 and 4 to read “a steel strip of the steel strips” or something equivalent to overcome this issue.
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 1 and 4-7 are rejected under 35 U.S.C. 103 as being unpatentable over Wang US 2005/0001138 (hereinafter Wang) in view of Su US 2011/0279993 (hereinafter Su).
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Re. Cl. 1, Wang discloses: A folding supporting bracket (Fig. 1), comprising a connecting assembly (10, Fig. 1-2) and a supporting frame (40,50, Fig. 1-2), wherein the supporting frame is provided with a plate (50, Fig. 1); a reset spring (142, Fig. 1) is arranged between the supporting frame and the plate (see Fig. 4, the spring 142 is located between plate 50 and 20 as shown); sliding rails (117,14 Fig. -32) are arranged in the connecting assembly (see Fig. 2); the supporting frame is movably mounted in the sliding rails (see Fig. 1-4); two hardware sheets (41, Fig. 2) for limiting the supporting frame are movably connected into the connecting assembly (see Fig. 1-4); a hardware block (12, Fig. 3) is movably connected into the connecting assembly (see Fig. 3); a second spring (125, Fig. 3)) sleeves the hardware block (see Fig. 1 and 3) and the hardware block and the second spring are combined to form a rail switching mechanism (see Fig. 1-4, switching as to lock or unlock 124).
Re. Cl. 4, Wang discloses: the two hardware sheets are movably mounted on the connecting assembly (see Fig. 1-4, 41 are movable mounted on 10).
Re. Cl. 5, Wang discloses: strips (see annotated figure 2) are arranged at an upper end and a lower end of the plate (see Fig. 2); the plate is hinged on the supporting frame through the strip at the upper end; and the plate is hinged on the connecting assembly through the steel strip at the lower end (see Fig. 2 and 4, 50 is hinged using 421 and 141).
Re. Cl. 6, Wang discloses: grooves are provided in the supporting frame and the plastic plate (see Fig. 1, between sidewalls of 50 and between 42);
Re. Cl. 7, Wang discloses: a hole is provided in the supporting frame (see annotated figure 2); and an antiskid pad (44, Fig. 2) is fixedly connected to a bottom of the supporting frame (bottom or underside of 40 which would lie on a desktop surface as discussed in Paragraph 0025).
Re. Cls. 1 and 4, Wang does not disclose a first spring is arranged on each hardware sheet; the hardware sheets and the first springs are combined to form an anti-breakage protection mechanism (Cl. 1) or the two hardware sheets are movably mounted on the connecting assembly through second screws; and the two hardware sheets are capable of moving along the second screws (Cl. 4). Su discloses a foldable support device (Fig. 1) which includes hardware sheets (313, 323) which has a spring (510, 520 Fig. 1) arranged on each of the hardware sheets which combine to form an anti-breakage protection mechanism (see Fig. 1, the spring helps prevent the stand 210 from breaking by biasing it against the surface of 900) and the two hardware sheets are movably mounted on the connecting assembly through second screws (see Fig. 3c); and the two hardware sheets are capable of moving along the second screws (see Fig. 3c, by adjusting the nuts shown).
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 Wang device to have its hardware sheets biased by the springs and secured using the screws as disclosed by Su with reasonable expectation of success since Su states that such a modification biases the support towards the device (Paragraph 0023). Such a modification would make the support more easily collapsed.
Re. Cls. 1 and 5, Wang in view of Su does not explicitly disclose the use of materials and thus does not disclose the plate is plastic or the strips are steel. It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention with reasonable expectation of success to make the plate out of plastic and the strips out of steel, since it has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice. In re Leshin, 125 USPQ 416. Please note that in the instant application, Applicant has not disclosed any criticality for the claimed limitations.
Re. Cl. 6, Wang discloses that the reset spring (142) is located at the lower end of the plate and sleeves the steel strip at the lower end of the plastic plate (see Fig. 4) and is thus is not arranged in the grooves; and does not sleeve the steel strip at the upper end of the plastic plate. It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention with reasonable expectation of success, since it has been held that rearranging parts of an invention involves only routine skill in the art. In re Japikse, 86 USPQ 70. Please note that in the instant application, Applicant has not disclosed any criticality for the claimed limitations. It is the Examiner’s position moving the spring (142) from the lower end of (50) to the upper end of (50; where 421 is located as shown in Fig. 4), would not affect the functioning of the device and the device modified as such would function equivalently.
Claims 2-3 are rejected under 35 U.S.C. 103 as being unpatentable over Wang in view of Su as applied to claims 1 and 4-7 above, and further in view of Ooe US 2013/0070172 (hereinafter Ooe).
Re. Cls. 2-3, Wang discloses the connecting assembly is fixedly connected with a supporting platform (see Fig. 5, 60) and a plurality of openings are provided in the connecting assembly (112, 113 Fig. 1). Wang does not disclose the fixed connection with the supporting platform is through a plurality of first screws; and honeycomb shaped through holes are provided in the supporting platform (Cl. 2) and two ports are provided in the supporting platform (Cl. 3). Ooe discloses a supporting bracket (2) which is fixedly connected with a supporting platform (3, Fig. 2) using first screws (see 42, Fig. 23) and through holes provided in the supporting platform (43b, Fig. 2); wherein two ports are provided in the supporting platform (see 11a, Fig. 1-3 and 6).
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 supporting platform of Wang to include the ports and through holes of Ooe with reasonable expectation of success since Ooe states that such a modification provides venting and the ability to connect with power cables, USB connectors, a card connector, earphone connectors, etc. (Paragraph 0055) and provides for exhausting air from the device (Paragraph 0056). Furthermore, 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 Wang device to have screws secure the connecting assembly and supporting platform as disclosed by Oone with reasonable expectation of success to enable for the user to remove and/or replace the parts as needed.
Re. Cl. 2, specifically, the limitation “honeycomb,” Oone does not specify that the vents are honeycomb shaped. However, it has been held obvious to modify the shape or configuration of a device based on various factors absent persuasive evidence that the configuration was significant. In re Dailey, 357 F.2d 669, 149 USPQ 47 (CCPA 1966) Please note that in the instant application, Applicant has not disclosed any criticality for the claimed limitations.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Poon US 2020/0162120, Park US 2010/0171671, and Liao US 9756747 disclose other known folding supports presented to the Applicant for their consideration.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHRISTOPHER E GARFT whose telephone number is (571)270-1171. The examiner can normally be reached Monday-Friday 8:00 a.m. to 5:00 p.m..
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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/CHRISTOPHER GARFT/Primary Examiner, Art Unit 3632
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