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 .
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.
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 1-5 and 11 are rejected under 35 U.S.C. 103 as being unpatentable over anticipated by Huang (US 6478275) in view of Li (US 5799917).
Regarding claim 1, Huang discloses an elevated pet resting apparatus configured to attach to a table, comprising: a rotatable arm comprising a proximal end and a distal end opposite the proximal end (arm 30, col. 3, ll. 23-25, fig. 6); a clamping mechanism disposed at the proximal end of the rotatable arm (clamp 13, col. 3, ll. 12-19), the rotatable arm rotatably coupled to the clamping mechanism at a first pivot axis (axis of groove 43, col. 3, ll. 46-50, fig. 4 and 6), the clamping mechanism configured to couple to an edge of the table at a top surface and a bottom surface thereof (col. 3, ll. 18-19, fig. 4 and 6); a nest platform disposed at the distal end (object 60, col. 4, ll. 17-21, fig. 4 and 6), the nest platform rotatably coupled to the rotatable arm at a second pivot axis (axis of curved channel 33, col. 3, ll. 60-66, fig. 4); a first adjustability mechanism disposed at the first pivot axis (curved groove 43 and rod 42, col. 3, ll. 42-50, fig. 5), the first adjustability mechanism configured to adjust an angle between the rotatable arm and the clamping mechanism (col. 3, ll. 42-50, fig. 5), the first adjustability mechanism further comprising a first pivot bracket (lever 40, fig. 3), the first pivot bracket rotatably coupled to the rotatable arm and fixedly coupled to the clamping mechanism wherein the first pivot bracket comprises the first pivot axis (lever 40 is rotatably coupled to arm 30 and clamp 13, fig. 6); and a second adjustability mechanism disposed at the second pivot axis (curved channel 33, bracket 20, coupler 21, fasteners 27 and 28, col. 4, ll. 9-13), the second adjustability mechanism configured to adjust an angle between the rotatable arm and the nest platform (fig. 8), the second adjustability mechanism further comprising a second pivot bracket (bracket 20, col. 4, ll. 9-13), the second pivot bracket rotatably coupled to the rotatable arm and fixedly coupled to the nest platform wherein the second pivot bracket comprises the second pivot axis (fig. 3); wherein the first pivot axis and the second pivot axis comprise a same axis of rotation (fig. 6), and the second adjustability mechanism is configured to counteract the first adjustability mechanism such that the nest platform maintains a level orientation relative to the top surface of the table (curved channel 33, bracket 20, coupler 21, fasteners 27 and 28 is configured to be adjusted to maintain object 60 in a level orientation relative to table 99 vie coupler 21, fig. 6) but fails to teach the nest platform further comprising a raised perimeter extending at least partially around a periphery of the nest platform. However, Li teaches a raised perimeter extending at least partially around a periphery of the nest platform (bracket assembly 12 comprises a raised perimeter (fig. 2). It would have been obvious to one having ordinary skill in the art before the effective filing date to modify Huang’s object with a raised perimeter to prevent unwanted deposition of an object resting on the surface.
Regarding claim 2, Huang as modified by Li teaches the invention substantially as claimed and Huang further teaches wherein the first pivot bracket and the second pivot bracket each comprise a single axis of rotation (fig. 6).
Regarding claim 3, Huang as modified by Li teaches the invention substantially as claimed and Huang further teaches wherein the elevated pet resting apparatus is configurable in a plurality of positions, the plurality of positions comprising: an upright position wherein the rotatable arm is orthogonal to the top surface of the table (fig. 10); an outward angled position wherein at least a portion of the nest platform overhangs the table (fig. 10); and an inward angled position wherein the nest platform is positioned above the table (fig. 4).
Regarding claim 4, Huang as modified by Li teaches the invention substantially as claimed and Huang further teaches wherein in each of the plurality of positions, the nest platform maintains the level orientation relative the top surface of the table (object 60 can be adjusted to a level position whenever lever 40 is adjusted, col. 4, ll. 48-54).
Regarding claim 5, Huang as modified by Li teaches the invention substantially as claimed and Huang further teaches wherein the first pivot axis is parallel to the second pivot axis (fig. 4).
Regarding claim 11, Huang teaches the invention substantially as claimed but fails to teach the nest platform further comprising a raised perimeter extending at least partially around a periphery of the nest platform. However, Li teaches a raised perimeter extending at least partially around a periphery of a nest platform (bracket assembly 12 comprises a raised perimeter (fig. 2). It would have been obvious to one having ordinary skill in the art before the effective filing date to modify Huang’s object with a raised perimeter to prevent unwanted deposition of an object resting on the surface.
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 7-10 and 12-17 are rejected under 35 U.S.C. 102(a)(1) (a)(2) as being anticipated by Huang.
Regarding claim 7, Huang discloses an elevated pet resting apparatus configured to attach to a table, comprising: a rotatable arm comprising a proximal end and a distal end opposite the proximal end (arm 30, col. 3, ll. 23-25, fig. 6); a clamping mechanism disposed at the proximal end of the rotatable arm (clamp 13, col. 3, ll. 12-19), the rotatable arm rotatably coupled to the clamping mechanism at a first pivot axis (col. 3, ll. 18-19), the clamping mechanism configured to couple to an edge of the table (fig. 4 and 6); a nest platform disposed at the distal end, the nest platform rotatably coupled to the rotatable arm at a second pivot axis (object 60, col. 4, ll. 17-21); a first adjustability mechanism disposed at the first pivot axis (curved groove 43 and rod 42, col. 3, ll. 42-50, fig. 5), the first adjustability mechanism configured to adjust an angle between the rotatable arm and the clamping mechanism (col. 3, ll. 42-50, fig. 5); and a second adjustability mechanism disposed at the second pivot axis (curved channels 33, bracket 20, coupler 21, fastener 27 and 28, col. 4, ll. 9-13), the second adjustability mechanism configured to adjust an angle between the rotatable arm and the nest platform (fig. 8); wherein the second adjustability mechanism is configured to counteract the first adjustability mechanism such that the nest platform maintains a level orientation relative to a top surface of the table (curved channel 33, bracket 20, coupler 21, fasteners 27 and 28 is configured to be adjusted to maintain object 60 in a level orientation relative to table 99 vie coupler 21, fig. 6).
Regarding claim 8, Huang discloses the first adjustability mechanism further comprising a first pivot bracket (lever 40, fig. 3), the first pivot bracket rotatably coupled to the rotatable arm and fixedly coupled to the clamping mechanism wherein the first pivot bracket comprises the first pivot axis (lever 40 is rotatably coupled to arm 30 and clamp 13, fig. 6).
Regarding claim 9, Huang discloses the second adjustability mechanism further comprising a second pivot bracket (bracket 20, col. 4, ll. 9-13), the second pivot bracket rotatably coupled to the rotatable arm and fixedly coupled to the nest platform wherein the second pivot bracket comprises the second pivot axis (fig. 3).
Regarding claim 10, Huang discloses wherein the first pivot bracket and the second pivot bracket each comprise a single axis of rotation (fig. 6).
Regarding claim 12, Huang discloses wherein the clamping mechanism is configured to engage the top surface and a bottom surface of the table (col. 3, ll. 18-19, fig. 4 and 6).
Regarding claim 13, Huang discloses wherein the elevated pet resting apparatus is configurable in a plurality of positions, the plurality of positions comprising: an upright position wherein the rotatable arm is orthogonal to the top surface of the table (fig. 10); an outward angled position wherein at least a portion of the nest platform overhangs the table (fig. 10); and an inward angled position wherein the nest platform is positioned above the table (fig. 4).
Regarding claim 14, Huang discloses wherein in each of the plurality of positions, the nest platform maintains the level orientation with the top surface of the table (object 60 can be adjusted to a level position whenever lever 40 is adjusted, col. 4, ll. 48-54).
Regarding claim 15, Huang discloses wherein the rotatable arm is configured to rotate perpendicular to the edge of the table (fig. 4 and 6).
Regarding claim 16, Huang discloses wherein the first pivot axis and the second pivot axis comprise a same axis of rotation (fig. 6).
Regarding claim 17, Huang discloses wherein the first pivot axis is parallel to the second pivot axis (fig. 4).
Allowable Subject Matter
Claims 6 and 18-20 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.
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/EBONY E EVANS/Primary Examiner, Art Unit 3647