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 .
DETAILED ACTION
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.
Claims 11-13, 17, 21 and 22 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by ZHOU et al. (Chinese Pub. No. CN108533909A).
Regarding claim 11, with respect to Figures 1-6, ZHOU teaches a tray, comprising:
a bracket 1, telescopic rod 2 in Fig.1 [i.e., base element] (page 5, paragraph under “Specific executing cases”),
a supporting plate 4 in Fig.1 [i.e., support element] which is spaced apart from the base element and movable relative thereto (fig.1; page 5, paragraph first under “structure of the specific embodiment described”),
wherein the support element 4 forms or provides an arrangement surface (fig.1; page 5, paragraph first under “structure of the specific embodiment described”);
and an at least regionally universal assembly 3 in Fig.1, 3 [i.e., flexible wall element] in, by which the support element 4 and the base element 1, 2 are connected (fig.1-3; page 5, paragraphs first and second under “structure of the specific embodiment described”);
wherein an elastic airbag 7 in Fig.4,5 [i.e., closed volume] configured to act as an air spring is formed between the support element and the base element by the flexible wall element (fig.4,5; page 5, paragraphs first, second and third under “structure of the specific embodiment described”).
Regarding claim 12, ZHOU teaches wherein the volume has a pneumatic safety valve [i.e., at least one opening] to exchange air with surroundings (fig.4,5; page 5, paragraph third under “structure of the specific embodiment described”).
Regarding claim 13, ZHOU teaches wherein the volume is able to be flowed through (fig.4,5; page 5, paragraphs first to third under “structure of the specific embodiment described”).
Regarding claim 17, ZHOU teaches means for generating an air flow, as a result of which the volume is able to be flowed through actively (fig.4,5; page 5, paragraphs first to third under “structure of the specific embodiment described”).
Regarding claim 21, ZHOU teaches wherein the tray is configured to support a mobile terminal (fig.4-6; page 5, paragraph third to page 6, paragraph first under “structure of the specific embodiment described”).
Regarding claim 22, ZHOU teaches stowage compartment for a motor vehicle comprising at least one stent tray/stent [i.e., tray] (fig.1, 2; page 2, paragraphs one to 4 under “invention content”).
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 text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
The factual inquiries set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied 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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim 16 is rejected under 35 U.S.C. 103 as being unpatentable over ZHOU et al. (Chinese Pub. No. CN108533909A).
Regarding claim 16, ZHOU does not specifically teach wherein the flexible wall element is at least regionally formed from a textile and/or rubber material. Examiner takes an official notice wherein the flexible wall element is at least regionally formed from a textile and/or rubber material is well known in the art. Thus, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify ZHOU to incorporate the feature of wherein the flexible wall element is at least regionally formed from a textile and/or rubber material in ZHOU’s invention in order to determine the material of the wall element.
Claims 19 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over ZHOU et al. (Chinese Pub. No. CN108533909A) in view of RÖSNER et al. (German Pub. No. DE102018216281B4).
Regarding claim 19, ZHOU does not specifically teach a charger in the tray. RÖSNER teaches a charger in the tray (paragraph 0019). Thus, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify ZHOU to incorporate a charger in the tray in ZHOU’s invention as taught by RÖSNER. The motivation for the modification is to do so in order to provide the charging function for the mobile terminal during the journey.
Regarding claim 20, ZHOU does not specifically teach wherein the charger is an inductive charger. RÖSNER teaches wherein the charger is an inductive charger (paragraph 4 under “Description”). Thus, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify ZHOU to incorporate the feature of wherein the charger is an inductive charger in ZHOU’s invention as taught by RÖSNER. The motivation for the modification is to do so in order to charge the mobile terminal during the journey.
Allowable Subject Matter
Claims 14, 15 and 18 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
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MD S ELAHEE whose telephone number is (571)272-7536. The examiner can normally be reached on Monday thru Friday; 8:30AM to 5:00PM EST.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Carolyn R. Edwards can be reached on 571-272-7547136. The fax phone number for the organization where this application or proceeding is assigned is (571) 273-8300.
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/MD S ELAHEE/
MD SHAFIUL ALAM ELAHEE
Primary Examiner,
Art Unit 2694
July 22, 2026