DETAILED ACTION
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.
Claims1-12 are 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 Claim 1:
Claim recites an adjustable light stand, comprising a connector (singular). Figures 1 & 8 illustrates a bilateral assembly where the “adjustable” nature of the stand depends on the presence of two symmetrical support members. The calm is indefinite if it is inherently inconsistent with the drawings (see MPEP 2173.05(m)). The calm is also indefinite due to being amendable to two or more plausible constructions: Does the limitation, “a connector” mean one arm or the pair?
Re Claim 2:
Claim introduces “a plurality of first locking assemblies,” whereas Claim 1 only establishes “a first locking assembly,” creating ambiguity as to whether Claim 2 additional structure not necessitated by Claim 1. Figures 1 & 2 illustrates two identical levers labeled with reference numeral 14. The Legend identifies 14 as “first locking assembly” The mismatch between the singular claim and the plurality in the drawings causes indefiniteness (see MPEP 2173.05(m)).
If the connector of Claim 1 is a single object that contains two other connectors, the term “connector” is being used recursively to mean both the whole assembly and the individual parts. This ambiguity means PHOSITA cannot determine if a single-armed stand would infringe Claim 1 or if the claim requires the bilateral structure of Claim 2.
Re Claim 8:
Claim recites the limitation "first connector". There is insufficient antecedent basis for this limitation in the claim.
Claim recites limitations, “opposite ends” and “adjacent ends” to define spatial relationship among structural elements. However, limitations, “opposite ends” and “adjacent ends” are indefinite because there are no reference to what the relevant structural elements are opposite or adjacent to. Here are proposed amendments: “that are opposite to the central hub” and “that are adject to the central hub.”
All dependent claims are also indefinite at least due to dependency on the indefinite base claim.
It’s difficult to determine metes and bound of the claim limitation due to the indefiniteness; and thus, prior-art based examination cannot be completed. Lack of prior-art based rejection should NOT be construed to be in any way an indication of an allowability. Prior-art based examination will commence once the indefiniteness is overcome.
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.
Claim(s) 1 and 3-5 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Leinfelder (US 4695021 A).
Re Claim 1: Leinfelder discloses
An adjustable light stand, comprising:
a mounting frame (fig 1: 18);
a connector (fig 1: 16) is movably provided on the mounting frame, the connector being provided with a mounting position (fig 1: 12) configured to install a light fixture; and
a first locking assembly (fig 2), provided on the mounting frame or the connector to selectively lock or unlock the connector with respect to the mounting frame.
Re Clam 3: Leinfelder discloses the adjustable light stand according to claim 1, wherein the mounting frame is provided with one or more mounting sockets, and the connector is movably provided in the one or more mounting sockets (col 5 ll 68+: the outer tube portions 18 are slidably carried on the inner tube portions 16); and wherein the first locking assembly (fig 2) is movably provided on the mounting frame.
Re Clam 4: Leinfelder discloses the adjustable light stand according to claim 1, wherein the connector is provided with one or more mounting sockets, and the mounting frame is movably provided in the one or more mounting sockets (col 6 5+: some previously known support stands in which the outer tube portion constitutes the upper part of the leg and the inner tube portion constitutes the lower part.); and wherein the first locking assembly (fig 2) is movably provided on the connector.
Re Clam 5: Leinfelder discloses the adjustable light stand according to claim 3, wherein the first locking assembly comprises a control lever (fig 2: 56) and a first locking element (fig 2: 20, 22, 24, 26, 28);
wherein the first locking element (fig 2: 20, 22, 24, 26, 28) is movably provided at the one or more mounting socket (Fig 1: 18); and
wherein the control lever is connected to the first locking element (Examiner: fig 2: rod 20 is connected to pin 60 of lever 56) to enable the first locking element to lock the connector in a secured position and to unlock the connector from the secured position.
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) 2 is/are rejected under 35 U.S.C. 103 as being unpatentable over Leinfelder (US 4695021 A) in view of Impact (Impact Studio Lighting Background Support System Instructions).
Re Clam 2: Leinfelder discloses the adjustable light stand according to claim 1.
However, Leinfelder does not disclose a plurality of first locking assemblies movably provided at respective ends of the mounting frame,
wherein the connector comprises a first connector and a second connector movably provided at the respective ends of the mounting frame.
Impact however discloses a plurality of first locking assemblies (Steps 2 & 14: knob) movably provided at respective ends of the mounting frame (Step 3: Examiner: mounting frame consists of two stands),
wherein the connector (Step 14: spigot tops) comprises a first connector and a second connector (Examiner: spigot top is on each end of the two stands) movably provided at the respective ends of the mounting frame.
Therefore, it would have been obvious before the effective filing date of the claimed invention to a person having ordinarily skill in the art to incorporate Impact’s teaching in the apparatus of Leinfelder for the purpose of being able to hold objects of varying dimension because the distance between two stands of the mounting frame can be adjusted.
Claim(s) 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Leinfelder (US 4695021 A) in view of Gilbertson (US 7871099 B2).
Re Claim 7: Leinfelder discloses the adjustable light stand according to claim 1.
However, Leinfelder does not disclose a spring-loaded detent is provided within the connector, and one or more positioning holes are provided on the mounting frame; and wherein the spring-loaded detent is configured to be accommodated within one of the one or more positioning holes.
Gilbertson however discloses a spring-loaded detent is provided within the connector, and one or more positioning holes are provided on the mounting frame; and wherein the spring-loaded detent is configured to be accommodated within one of the one or more positioning holes (col 4 ll 25+: A spring 16 urges the locking bar 15 toward the front leg annular portion 18. When the locking bar 15 coincides with a notch 17, the locking bar 15 is urged into the slot. Once the locking bar 15 is in a notch 17, it is not possible for the front leg 6 to rotate relative to the seat frame.).
Therefore, it would have been obvious before the effective filing date of the claimed invention to a person having ordinarily skill in the art to incorporate Gilbertson’s teaching in the apparatus of Leinfelder for the purpose of achieving discrete positioning of a connector in the mounting frame.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to TAE W KIM whose telephone number is (571)272-5971. The examiner can normally be reached M-F 9:30AM-5:30PM.
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, Steven S Paik can be reached at 5712722404. 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.
/TAE W KIM/ Examiner, Art Unit 2876
/THIEN M LE/ Primary Examiner, Art Unit 2876
Prosecution Insights