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 .
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.
DETAILED ACTION
This is the first action for application #18/978619, Telescoping Support Stand Apparatus, filed 12/12/24. Claims 1-20 are pending.
Information Disclosure Statement
The information disclosure statement filed 12/12/24 fails to comply with 37 CFR 1.98(a)(3)(i) because it does not include a concise explanation of the relevance, as it is presently understood by the individual designated in 37 CFR 1.56(c) most knowledgeable about the content of the information, of two foreign references listed that is not in the English language. Those two foreign references have therefore not been considered and have been striked through. Additionally, a US reference has also been striked through since the reference number does not match the inventor listed, and the field of invention is not related.
The information disclosure statement filed 5/23/25 fails to comply with 37 CFR 1.98(a)(2), which requires a legible copy of each cited foreign patent document; each non-patent literature publication or that portion which caused it to be listed; and all other information or that portion which caused it to be listed. There was one foreign patent that has been striked through, and the information referred to therein has not been considered.
Drawings
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they include the following reference character(s) not mentioned in the description: 63a (Figure 3B).
The drawings are objected to because in Figure 4A, at the lower end of the bearing retainer, the release rod (63) has a diagonal line passing through it. It is not clear if this line is intentional, or an error in cross-hatching.
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(4) because reference character “481” has been used to designate two different elements in Figure 4F.
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 § 102
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.
Claims 1-4, 6-8, 14, and 17-19 are rejected under 35 U.S.C. 102(a)(1) and (a)(2) as being anticipated by US 2,587,511 (Nerman).
Regarding Claim 1, Nerman teaches a telescoping support stand comprising:
a trigger (52/49a);
the connection housing (1) comprising a plurality of pivot hubs (9/10; Figure 4) and a release assembly (47/53) within the connection housing (1; Figure 3) configured to be actuated by the trigger (52/49a; col 5, ln 9-19);
a respective extendable leg (12 or 13 or 14) pivotably engaged to each pivot hub (9/10) of the plurality of pivot hubs, each extendable leg (12,13,14) comprising
an outer tube (35; Figure 3);
an inner tube (24; Figure 3) having a first end portion (lower end) that telescopically slides within the outer tube (35) and a second end portion (upper end portion) pivotably engaged to each respective pivot hub of the plurality of pivot hubs (via fittings 15,16,17 within pivot hubs; Figure 4; col 2, ln 54-col 3, ln 22);
a locking mechanism (30-32; col 4, ln 7-19) mounted within each extendable leg;
wherein actuation of the trigger (52/49a) actuates the release assembly (47/53) to release the locking mechanism (col 4, ln 7-19; col 5, ln 9-19) within each extendable leg (12,13,14) to allow the inner tube and the outer tube to move longitudinally relative to each other when the release assembly is actuated by the trigger;
wherein the release assembly comprises
a displacement rod (either 51a or the lower/middle portion of 47) in operational connectivity to the trigger (52/49a) and a release member (upper flange of 47) in the connection housing (1), and the trigger (52/49a) is configured to move the displacement rod (either 51a or the lower/middle portion of 47) and the release member (upper flange of 47) upward when the trigger is actuated (col 4, ln 52-62);
wherein the release member (upper flange of 47) is in operational connectivity to a first end (right end; Figure 3) of a respective release lever (53) within each pivot hub;
each release lever (53) is pivotable about a pivot (upper cam above the end of the leader line for 53 in Figure 3) and a second end (left end in Figure 3) is in operational connectivity with a respective release rod (27/upper half of 29 above 34) within each extendable leg in operational connectivity to the locking mechanism (30-32) within each extendable leg.
Regarding Claim 2, Nerman teaches the telescoping support stand of Claim 1 wherein when the trigger (52/49a) is in a first position (Figure 3), the release assembly in communication with the locking mechanism prevents longitudinal movement of the inner tube and outer tube relative to each other (col 4, ln 7-19); and when the trigger is in a second position (pressed in the direction of the arrow of Figure 3), the release assembly in communication with the locking mechanism allows longitudinal movement of the inner tube and the outer tube relative to each other (col 5, ln 9-19).
Regarding Claim 3, Nerman teaches the telescoping support stand of Claim 2 wherein the trigger (52,49a) is disposed in a handle (44/46/48/49; col 4, ln 35-45, ln 55-58; Figure 3 and 4, wherein 49a is within 49) attached to the connection housing (1; Figures 1 and 3).
Regarding Claim 4, Nerman teaches the telescoping support stand of Claim 3 wherein in the first position (Figure 3), the trigger (52/49a) is disposed radially outward from the handle and in the second position (when pushed inward in the direction of the arrow in Figure 3), the trigger is disposed radially inward toward the handle.
Regarding Claim 6, Nerman teaches the telescoping support stand of Claim 3 wherein the handle (44/46/48/49) is attached to a bottom end of the connection housing (1; Figure 3) when the telescoping support stand is in use.
Regarding Claim 7, Nerman teaches the telescoping support stand of Claim 1 configured to engage an accessory or an accessory mounting assembly (via 40; col 4, ln 28-32).
Regarding Claim 8, Nerman teaches the telescoping support stand of Claim 7 wherein an upper end of the support stand comprises an accessory platform (upper central surface that 40 projects from in Figure 1) and an accessory post (40).
Regarding Claim 14, Nerman teaches the telescoping support stand of Claim 1 having three extendable legs (Figure 1 teaching 3 extendable legs).
Regarding Claim 17, Nerman teaches a telescoping support stand comprising:
a handle (44/46/48/49; col 4, ln 35-45, ln 55-58) comprising a trigger (52/49a); wherein the trigger is accessible outside the handle and includes first and second ends, the first end (at 49a) being pivotally attached to the handle (at 49) and the second end (lower end) being movable radially inward (in direction of arrow in Figure 3 to release the locking) and radially outward (to engage the locking) during operation;
a connection housing (1) attached to the handle (Figure 3) comprising a plurality of pivot hubs (9/10; Figure 4) and a release assembly (47/53) within the connection housing (1) configured to be actuated by the trigger (52/49a; col 5, ln 9-19);
a respective extendable leg (12 or 13 or 14) pivotably engaged to each pivot hub (9/10) of the plurality of pivot hubs, each extendable leg comprising
an outer tube (35; Figure 3);
an inner tube (24; Figure 3) having a first end portion (lower end) that telescopically slides within the outer tube (35) and a second end portion (upper end) pivotably engaged to each respective pivot hub (9/10) of the plurality of pivot hubs (via fittings 15,16,17 within pivot hubs; Figure 4; col 2, ln 54-col 3, ln 22); and
a locking mechanism (30-32; col 4, ln 7-19) mounted within each extendable leg;
wherein actuation of the trigger (52/49a) actuates the release assembly (47/53) to release the locking mechanism (col 4, ln 7-19; col 5, ln 9-19) within each extendable leg (12,13,14) to allow the inner tube and the outer tube to move longitudinally relative to each other when the release assembly is actuated by the trigger;
wherein the release assembly comprises
a displacement rod (lower/middle portion of 47; Figure 3) extending from the connection housing (1) into the handle (44/46/48/49) in operational connectivity to the trigger (52/49a) and a release member (upper flange of 47) in the connection housing, and the trigger (52/49a) is configured to move the displacement rod and the release member upward when the trigger is actuated (col 4, ln 52-62);
wherein the release member (upper flange of 47) is in operational connectivity to a first end (right end) of a respective release lever (53) within each pivot hub;
each release lever (53) is pivotable about a pivot (upper cam directly above the end of the leader line for 53 in Figure 3) and a second end (left end) is in operational connectivity with a respective release rod (27/upper half of 29 above 34) within each extendable leg in operational connectivity to the locking mechanism (30-32) within each extendable leg.
Regarding Claim 18, Nerman teaches the telescoping support stand of Claim 17 wherein an upper end of the support stand is configured to engage an accessory or an accessory mounting assembly (via 40; col 4, ln 28-32).
Regarding Claim 19, Nerman teaches the telescoping support stand of Claim 17 wherein when the trigger (52/49a) is in a first position (Figure 3) disposed radially outward from the handle, the release assembly in communication with the locking mechanism prevents longitudinal movement of the inner tube and outer tube relative to each other (col 4, ln 7-19); and when the trigger is in a second position disposed radially inward toward the handle (pressed in the direction of the arrow of Figure 3), the release assembly in communication with the locking mechanism allows longitudinal movement of the inner tube and the outer tube relative to each other (col 5, ln 9-19).
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 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.
Claims 9 and 10 are rejected under 35 U.S.C. 103 as being unpatentable over Nerman in view of US 2021/0123561 (Smith).
Regarding Claims 9 and 10, Nerman teaches the telescoping support stand of claims 7 and 8, but does not specifically teach comprising an accessory mounting assembly disposed on the accessory platform to mount to an accessory. However, Smith, which is also drawn to a tripod with a mounting platform for mounting an accessory, further teaches comprising an accessory mounting assembly (80) disposed on the accessory platform to mount to an accessory (para [0016]), wherein the accessory attachment assembly (80) comprises an accessory mounting assembly housing (86; Figure 2) having an internal socket (88; Figure 5) and a ball joint comprising a ball (90) housed within the internal socket (Figure 2,5; para [0016]-[0017]). Therefore, it would have been obvious before the effective filing date of the claimed invention to one of skill in the art with a reasonable expectation of success that the accessory mounting assembly of Smith is just one of many options that may be mounted to the platform of Nerman to mount an accessory thereon, depending upon the type of accessory being mounted, and the amount of adjustability desired in the mounting.
Claim 11 is rejected under 35 U.S.C. 103 as being unpatentable over Nerman in view of US 2011/0260016 to Johnson et al. (hereinafter ‘Johnson’).
Regarding Claim 11, Nerman teaches the telescoping support stand of claim 1, but does not specifically teach wherein each extendable leg comprises a pivot lock configured to engage one or more detents in the connection housing to independently define the amount of pivotable adjustment with respect to the connection housing or with respect to each other. However, Johnson, which is also drawn to a telescoping support stand Figure 1) with three extendable legs (14,14,14) pivotable connected to a connection housing (18), further teaches wherein each extendable leg comprises a pivot lock (30; Figure 2) configured to engage one or more detents (24,26,28) in the connection housing (18) to independently define the amount of pivotable adjustment with respect to the connection housing or with respect to each other (para [0032], [0037]). Therefore, it would have been obvious before the effective filing date of the claimed invention to one of skill in the art with a reasonable expectation of success that a pivot lock/detent mechanism as taught by Johnson could be used on the tripod of Nerman in order to allow for various independent pivot angles for each leg, thereby better accommodating terrain variations and making the stand more stable.
Claims 15 and 16 are rejected under 35 U.S.C. 103 as being unpatentable over Nerman in view of US 8,469,326 to Young et al. (hereinafter ‘Young’).
Regarding Claim 15, Nerman teaches the telescoping support stand of claim 1 wherein the locking mechanism comprises
a plunger (lower half of 29 below 34; Figure 3) operationally connected to the respective release rod (27/upper half of 29 above 34);
a collar (30; Figure 3) comprising a truncated cone member (lower end of 30) attached to the first end (lower end) of the inner tube (24) and slidably engaged around the plunger (lower half of 29 below 34; col 3, ln 51-55);
a helical spring (34a) disposed around the plunger (see Figure 3) with an upper end (34) of the plunger and a lower end engaged to the collar (30; col 3, ln 61-67);
a bearing retainer (31) comprising a plurality of bearings (32);
wherein the locking mechanism is configured to move between a first position (compressing the bearings to press upon the inside surface of the outer tube; col 4, ln 7-19) preventing the inner tube and the outer tube from moving relative to each other and a second position (releasing the bearings) wherein the inner tube and the outer tube are allowed to move relative to each other (col 5, ln 9-19).
Nerman does not specifically teach wherein the plurality of bearings circumferentially disposed around the bearing retainer and the conical surface of the truncated cone member is configured to contact the plurality of bearings. However, Young, which is also drawn to a locking mechanism for an extendable leg, wherein the locking mechanism (Figure 2C) also comprises a plunger (178), a truncated cone member (172), a spring (179), a bearing retainer (174) and a plurality of bearings (176), further teaches that the plurality of bearings (176) are circumferentially disposed around the bearing retainer (174) and the conical surface (slanted surface) of the truncated cone member (172) is configured to contact the plurality of bearings (by being inserted into the bearing retainer) to lock the bearings against the tube (Figure 2C; col 10, 36-46; col 11, ln 9-14; col 13, ln 27-61). Therefore, it would have been obvious before the effective filing date of the claimed invention to one of skill in the art with a reasonable expectation of success to use a bearing/bearing retainer as taught by Young on the locking mechanism of Nerman, as an alternate functionally equivalent locking mechanism since both types of bearings press upon the inner surface of the tube to lock the tubes in place.
Regarding Claim 16, Nerman and Young combined teach the telescoping support stand of claim 15, and Nerman further teaches wherein in the first position (locked; Figure 3), the trigger is disposed radially outward from the handle assembly (as depicted), the conical surface of the truncated cone member is in contact with the plurality of bearings (as modified by Young), pressing them against an inner surface of the outer tube and preventing the inner tube and the outer tube from moving relative to each other (locked); and in the second position (unlocked), the trigger is disposed radially inward toward the handle assembly (in the direction of the arrow in Figure 3), the conical surface of the truncated cone member (as modified by Young) allows the bearings to move out of contact with the inner surface, allowing the inner tube and the outer tube to move relative to each other (unlocked).
Allowable Subject Matter
Claims 5, 12, 13 and 20 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.
The following is a statement of reasons for the indication of allowable subject matter:
Regarding Claims 5 and 20, while the prior art teaches the trigger and release assembly, the prior art does not specifically teach the second end of the trigger comprising a curved portion engaged to a wheel disposed at an end of the displacement rod, and this would not have been an obvious modification.
Regarding Claims 12 and 13, while open end caps and extension locks are not by themselves novel, these are typically used to lock and unlock a connection between the leg segments so that each leg could be manually extended or retracted. The current invention includes locking/unlocking the segments of each leg via a trigger and release assembly. There is no suggestion in the prior art to use both the trigger actuated release assembly as well as extension locks in combination.
The Examiner notes that any amendments made to the claims that change the scope of the invention may alter the allowability of the claims. Additionally, since the parent application is patented, any amendments to the claims must avoid double patenting. The Examiner suggests filing a terminal disclaimer to avoid non-statutory double-patenting.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Prior art has been listed in the PTO-892 form.
US 12,140,177 (Huang) teaches extension locks to lock and unlock longitudinal movement between two tubular segments.
US 9,903,528 (Hatch) teaches that the legs can have various number of segments and be configured in bigger to smaller diameter or smaller to bigger diameter.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to INGRID M WEINHOLD whose telephone number is (571)272-8822. The examiner can normally be reached on Monday-M-T 7-5:00pm.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Terrell McKinnon can be reached on 571-272-4797. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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.
/INGRID M WEINHOLD/
Primary Examiner, Art Unit 3632
Prosecution Insights