DETAILED ACTION
In the preliminary amendment filed 9/22/22, Applicant amended claims 1, 3-4, 8-9 and 11-15; added new claims 31-38; and submitted replacement drawing sheets. Claims 5-7 and 16-30 have been cancelled. Currently, claims 1-4, 8-15 and 31-38 are pending.
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 .
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Election/Restrictions
Applicant's election with traverse of species A in the reply filed on 6/14/25 is acknowledged. The traversal is on the ground(s) that “the inner rotating member of the elected species A includes at least one connecting arm is a generic species that covers the species B that the inner rotating member includes two connecting arm. Therefore, it would appear that a search and examination of the entire application can be conducted without a serious burden on the Office”. This is not found persuasive for at least the following reasons:
Specifically, although it is true that the recitation of “at least one connecting arm” in species A is generic to the limitation in species B reciting “two connecting arms”, the at least one connecting arm in species A is configured to be pressed against one unidirectional tooth groove – thus, if multiple connecting arms are present, based on the language of species A, the connecting arms would be pressed against one tooth groove. In species B, however, the two connecting arms are configured to be pressed against two unidirectional tooth grooves which thereby differs from species A where the connecting arms are pressed against only one tooth groove. Thus, the Office maintains that there is a search and/or examination burden for the patentably distinct species because the species or groupings of patentably indistinct species require a different field of search (e.g., searching different classes/subclasses or electronic resources, or employing different search strategies of search queries) as described in detail above. For at least this reason, the requirement is still deemed proper and is therefore made FINAL.
Claims 9, 12 and 36-38 are withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a nonelected Species, there being no allowable generic or linking claim. Applicant timely traversed the restriction (election) requirement in the reply filed on 6/14/25.
Additionally, claim 11 is withdrawn as it depends from withdrawn claim 9 and claims 13 and 15 are withdrawn as they depend from withdrawn claim 11.
Specification
Applicant is reminded of the proper language and format for an abstract of the disclosure.
The abstract should be in narrative form and generally limited to a single paragraph on a separate sheet within the range of 50 to 150 words in length. The abstract should describe the disclosure sufficiently to assist readers in deciding whether there is a need for consulting the full patent text for details.
The language should be clear and concise and should not repeat information given in the title. It should avoid using phrases which can be implied, such as, “The disclosure concerns,” “The disclosure defined by this invention,” “The disclosure describes,” etc. In addition, the form and legal phraseology often used in patent claims, such as “means” and “said,” should be avoided.
The abstract of the disclosure is objected to because it includes legal phraseology (i.e. “comprises”). A corrected abstract of the disclosure is required and must be presented on a separate sheet, apart from any other text. See MPEP § 608.01(b).
Claim Objections
Claims 10, 14, 34 and 35 are objected to because of the following informalities which require appropriate correction:
In claim 10 line 14: “element to switch” should be “element being configured to switch”.
In claim 14 line 11: “thee” should be “the”.
In claim 34 line 6: “in such a manner that” should be “such that”.
In claim 35 line 6: “in such a manner that” should be “such that”.
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 14 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.
Claim 14 recites the limitation "the first support arm" in line 3. There is insufficient antecedent basis for this limitation in the claim.
Claim Rejections - 35 USC § 102
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 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) 1-2 and 31-33 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Wang (CN 109089182 A)
With respect to claim 1, Wang discloses a lightweight neck brace (neck wearable device shown in fig 1-3), adapted for wearing on a torso of a user to support a head on a torso of the user (as shown in figs 2-3, the device is configured to extend over part of the torso and supports a portion worn around the user’s neck – see also translation pg 2 which describes how the support frame stabilizes the head part), including: a head bracing member configured for bracing the head at a predetermined position (upper portion of the device, shown positioned around a user’s neck in figs 2-3; see translation pg 3 which describes how the device is configured to locked in a given position for fixation of the head in that position); a support member which is coupled to the head bracing member and configured for being supported on the torso (lower portion of the device which is shown positioned on part of the torso in figs 2-3; the lower portion is coupled to the upper portion at position adjusting mechanism 22), wherein the head bracing member is supported by the support member so as for being supported by the torso (as shown in figs 2-3); and at least one adjustment member (position adjusting mechanism 22), wherein the at least one adjustment member is arranged at a connection position between the head bracing member and the support member (as shown in figs 1-3) and the head bracing member is connected with the support member by the at least one adjustment member (as shown in figs 1-3) in such a manner that the head bracing member is able to be folded towards the support member, so as to adjust an included angle defined between the head bracing member and the support member (translation pg 3 – the device is configured to be folded for storage wherein the angle between elements is adjusted by the adjusting unit; see also description of figs 5-6b on translation pg 6), wherein the lightweight neck support has an adjustment state wherein during the adjustment state, the head bracing member is allowed to be adjusted away from the support member unidirectionally (see description of figs 5-6b on translation pg 6; shown in phantom in fig 5).
With respect to claim 2, Wang discloses the device substantially as claimed (see rejection of claim 1) and also discloses that the lightweight neck brace has a free state, and the lightweight neck brace is operable to switch between the adjustment state and the free state, wherein, in the free state, the head bracing member is allowed to be adjusted in a direction selected from a direction away from the support member and a direction toward the support member (translation pgs 6-7 describe how the device includes locking mechanisms which can restrict pivotal/angular adjustment between elements or be unlocked for free motion).
With respect to claim 31, Wang discloses the device as claimed (see rejection of claim 2) and also discloses that the device further includes a second adjustment member (as shown in fig 1, the device includes two position adjustment members 22), wherein the at least one adjustment member pivotally connects a first end of the head bracing member with a first end of the support member (as shown in fig 1, the member 22 on the right side connects the ends of the upper and lower portions on the right side to each other) and the second adjustment member pivotally connects a second end of the head bracing member with a second end of the support member (as shown in fig 1, the member 22 on the left side connects the ends of the upper and lower portions on the left side to each other).
With respect to claim 32, Wang discloses the device as claimed (see rejection of claim 31) and also discloses that each of the at least one adjustment member and the second adjustment member (the two position adjustment members 22) includes an outer rotating member (element 221; fig 6B) and an inner rotating member (element 222, fig 6B), wherein the outer rotating member is connected to the head bracing member (element 221 is attached to arm 12 which is part of the upper section that is the head bracing member; fig 2-3 and 6B) and the inner rotating member is connected to the support member (element 222 is attached to end 111 of leg 11 which is part of the lower section that is the support member; fig 1-3, 6B).
With respect to claim 33, Wang discloses the device as claimed (see rejection of claim 31) and also discloses that each of the at least one adjustment member and the second adjustment member (the two position adjustment members 22) includes an outer rotating member (element 222; fig 6B) and an inner rotating member (element 2212, fig 6B), wherein the inner rotating member (2212) is connected to the head bracing member (attaches to element 2211 which is connected to arm 12 which is part of the upper section that is the head bracing member; fig 2-3 and 6B) and the outer rotating member (222) is connected to the support member (element 222 is attached to end 111 of leg 11 which is part of the lower section that is the support member; fig 1-3, 6B).
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.
Claim(s) 3-4, 8, 10, 14, 34 and 35 are rejected under 35 U.S.C. 103 as being unpatentable over Wang (CN 109089182 A) in view of Shangxian (CN 208299964)
With respect to claim 3, Wang discloses the device as claimed (see rejection of claim 1) but does not disclose that the at least one adjustment member includes an outer rotating member and an inner rotating member, wherein an inner wall of the outer rotating member defines a receiving cavity and the inner rotating member is accommodated in the receiving cavity, wherein the inner wall of the outer rotating member is recessed to form at least two unidirectional tooth grooves and the inner rotating member includes a base body and at least one connecting arm integrally extended from the base body outwardly in a suspended manner, in such a manner that the at least one connecting arm is able to deform under an exerting force and return to an original form thereof after the exerting force is released, wherein the at least one connecting arm has a supporting surface formed and configured to be pressed against one of the at least two unidirectional tooth grooves to lock the outer rotating member and the inner rotating member, wherein in the adjustment state, the supporting surface of the at least one connecting arm is pressed and selectively abutted against one of the at least two unidirectional tooth grooves of the outer rotating member so as to restrict the inner rotating member to be able to merely rotate with respect to the outer rotating member unidirectionally.
Shangxian teaches an adjustment member (joint mechanism for adjustment of the height of a microphone) includes an outer rotating member (rotating member 3; fig 3) and an inner rotating member (element 4; fig 3), wherein an inner wall of the outer rotating member defines a receiving cavity (interior of member 3 defined inside element 30) and the inner rotating member (4) is accommodated in the receiving cavity (as shown in fig 4), wherein the inner wall of the outer rotating member is recessed to form at least two unidirectional tooth grooves (ratchet elements 33; fig 4) and the inner rotating member (4) includes a base body and at least one connecting arm integrally extended from the base body outwardly in a suspended manner (element 4 includes a central region with multiple elements 40 that extend from the central region outwardly and are suspended therefrom as shown in fig 4), in such a manner that the at least one connecting arm (40) is able to deform under an exerting force and return to an original form thereof after the exerting force is released (elements 40 are described as being elastic and thus inherently are capable of being deformed and then returning to the original form; see translation pg 3), wherein the at least one connecting arm (40) has a supporting surface formed and configured to be pressed against one of the at least two unidirectional tooth grooves (as shown in fig 4) to lock the outer rotating member and the inner rotating member (translation pg 2), wherein in the adjustment state, the supporting surface of the at least one connecting arm is pressed and selectively abutted against one of the at least two unidirectional tooth grooves of the outer rotating member so as to restrict the inner rotating member to be able to merely rotate with respect to the outer rotating member unidirectionally (the member 3 can only rotate clockwise – counterclockwise movement is locked by cooperation between elements 40 and ratchet elements 33 – translation pg 2). It would have been obvious to one having ordinary skill in the art, before the effective filing date of the invention, to have substituted the adjustment member on the device of Wang for the adjustment member of Shangxian which includes an outer rotating member and an inner rotating member, wherein an inner wall of the outer rotating member defines a receiving cavity and the inner rotating member is accommodated in the receiving cavity, wherein the inner wall of the outer rotating member is recessed to form at least two unidirectional tooth grooves and the inner rotating member includes a base body and at least one connecting arm integrally extended from the base body outwardly in a suspended manner, in such a manner that the at least one connecting arm is able to deform under an exerting force and return to an original form thereof after the exerting force is released, wherein the at least one connecting arm has a supporting surface formed and configured to be pressed against one of the at least two unidirectional tooth grooves to lock the outer rotating member and the inner rotating member, wherein in the adjustment state, the supporting surface of the at least one connecting arm is pressed and selectively abutted against one of the at least two unidirectional tooth grooves of the outer rotating member so as to restrict the inner rotating member to be able to merely rotate with respect to the outer rotating member unidirectionally, as taught by Shangxian, in order to provide control over adjustment of the device.
With respect to claim 4, Wang discloses the device as claimed (see rejection of claim 2) but does not disclose that the at least one adjustment member includes an outer rotating member and an inner rotating member, wherein an inner wall of the outer rotating member defines a receiving cavity and the inner rotating member is accommodated in the receiving cavity, wherein the inner wall of the outer rotating member is recessed to form at least two unidirectional tooth grooves and the inner rotating member includes a base body and at least one connecting arm integrally extended from the base body outwardly in a suspended manner, in such a manner that the at least one connecting arm is able to deform under an exerting force and return to an original form thereof after the exerting force is released, wherein the at least one connecting arm has a supporting surface formed and configured to be pressed against one of the at least two unidirectional tooth grooves to lock the outer rotating member and the inner rotating member, wherein in the adjustment state, the supporting surface of the at least one connecting arm is pressed and selectively abutted against one of the at least two unidirectional tooth grooves of the outer rotating member so as to restrict the inner rotating member to be able to merely rotate with respect to the outer rotating member unidirectionally, wherein in the free state, the at least one connecting arm of the inner rotating member is released from the at least two unidirectional tooth grooves so as to allow the inner rotating member to freely rotate with respect to the outer rotating member.
Shangxian teaches an adjustment member (joint mechanism for adjustment of the height of a microphone) includes an outer rotating member (rotating member 3; fig 3) and an inner rotating member (element 4; fig 3), wherein an inner wall of the outer rotating member defines a receiving cavity (interior of member 3 defined inside element 30) and the inner rotating member (4) is accommodated in the receiving cavity (as shown in fig 4), wherein the inner wall of the outer rotating member is recessed to form at least two unidirectional tooth grooves (ratchet elements 33; fig 4) and the inner rotating member (4) includes a base body and at least one connecting arm integrally extended from the base body outwardly in a suspended manner (element 4 includes a central region with multiple elements 40 that extend from the central region outwardly and are suspended therefrom as shown in fig 4), in such a manner that the at least one connecting arm (40) is able to deform under an exerting force and return to an original form thereof after the exerting force is released (elements 40 are described as being elastic and thus inherently are capable of being deformed and then returning to the original form; see translation pg 3), wherein the at least one connecting arm (40) has a supporting surface formed and configured to be pressed against one of the at least two unidirectional tooth grooves (as shown in fig 4) to lock the outer rotating member and the inner rotating member (translation pg 2), wherein in the adjustment state, the supporting surface of the at least one connecting arm is pressed and selectively abutted against one of the at least two unidirectional tooth grooves of the outer rotating member so as to restrict the inner rotating member to be able to merely rotate with respect to the outer rotating member unidirectionally (the member 3 can only rotate clockwise – counterclockwise movement is locked by cooperation between elements 40 and ratchet elements 33 – translation pg 2) wherein in the free state, the at least one connecting arm of the inner rotating member is released from the at least two unidirectional tooth grooves so as to allow the inner rotating member to freely rotate with respect to the outer rotating member (translation pg 2 – clockwise rotation increases the height of the microphone but member 3 can also be rotated such that the height of the microphone can be reduced – this is interpreted as being the free state since the height can be either increased or decreased in this state). It would have been obvious to one having ordinary skill in the art, before the effective filing date of the invention, to have substituted the adjustment member on the device of Wang for the adjustment member of Shangxian which includes an outer rotating member and an inner rotating member, wherein an inner wall of the outer rotating member defines a receiving cavity and the inner rotating member is accommodated in the receiving cavity, wherein the inner wall of the outer rotating member is recessed to form at least two unidirectional tooth grooves and the inner rotating member includes a base body and at least one connecting arm integrally extended from the base body outwardly in a suspended manner, in such a manner that the at least one connecting arm is able to deform under an exerting force and return to an original form thereof after the exerting force is released, wherein the at least one connecting arm has a supporting surface formed and configured to be pressed against one of the at least two unidirectional tooth grooves to lock the outer rotating member and the inner rotating member, wherein in the adjustment state, the supporting surface of the at least one connecting arm is pressed and selectively abutted against one of the at least two unidirectional tooth grooves of the outer rotating member so as to restrict the inner rotating member to be able to merely rotate with respect to the outer rotating member unidirectionally, wherein in the free state, the at least one connecting arm of the inner rotating member is released from the at least two unidirectional tooth grooves so as to allow the inner rotating member to freely rotate with respect to the outer rotating member, as taught by Shangxian, in order to provide control over adjustment of the device.
With respect to claim 8, Wang in view of Shangxian discloses the device substantially as claimed (see rejection of claim 4) and Shangxian further teaches that the at least one adjustment member further comprises an adjusting element (block 2) which has at least one restriction slot (opening at the center shown in fig 3), wherein the at least one connecting arm (40) of the inner rotating member (4) has a restricting pin configured to be extended to the restriction slot of the adjusting element (pin 6 configured to be placed in the bottom of the slot in block 2 as shown in fig 4) so as to restrict the inner rotating member by the restricting element (the pin 6 in combination with screw 5 locks the member 4 in place on shaft 11), wherein in the adjustment state, the restricting element presses the supporting surface of the at least one connecting arm against the one of the at least two unidirectional tooth grooves (pin 6 in combination with screw 5 locks member 4 in place on shaft 11 and holds member 4 within the cavity of member 3 thereby pressing the elements 40 against the ratchet elements 33 as shown in fig 4) to restrict the outer rotating member and the inner rotating member to rotate unidirectionally, (the member 3 can only rotate clockwise – counterclockwise movement is locked by cooperation between elements 40 and ratchet elements 33 – translation pg 2) wherein in the free state, the restricting element restricts the at least one connecting arm to have a gap between the supporting surface thereof and the at least two unidirectional tooth grooves (translation pg 2 – clockwise rotation increases the height of the microphone but member 3 can also be rotated such that the height of the microphone can be reduced – this is interpreted as being the free state since the height can be either increased or decreased in this state; when each member 40 is freely moving, the ends are not locked into a groove 33 as shown in fig 4 but, instead, will be at a location between adjacent grooves thereby forming a gap between the end of the member 40 and the nearest groove 33) such that the lightweight neck brace is able to switch between the adjustment state and the free state by adjusting the at least one adjustment member (adjustment of the device inherently involves rotation of member 4 such that the elements 40 move between positions where they are locked/held in a groove 33 and where they are free in the position between adjacent grooves). It would have been obvious to one having ordinary skill in the art, before the effective filing date of the invention, to have formed the device of Wang in view of Shangxian so that the at least one adjustment member further comprises an adjusting element which has at least one restriction slot, wherein the at least one connecting arm of the inner rotating member has a restricting pin configured to be extended to the restriction slot of the adjusting element so as to restrict the inner rotating member by the restricting element, wherein in the adjustment state, the restricting element presses the supporting surface of the at least one connecting arm against the one of the at least two unidirectional tooth grooves to restrict the outer rotating member and the inner rotating member to rotate unidirectionally, wherein in the free state, the restricting element restricts the at least one connecting arm to have a gap between the supporting surface thereof and the at least two unidirectional tooth grooves, such that the lightweight neck brace is able to switch between the adjustment state and the free state by adjusting the at least one adjustment member, as taught by Shangxian, in order to further assist with providing control over adjustment of the device.
With respect to claim 10, Wang in view of Shangxian discloses the device substantially as claimed (see rejection of claim 8) and Shangxian further teaches that the adjustment member further includes an adjustment member installation casing (housing formed by elements 30, 32 and 1 when assembled as shown in fig 2) and a resilient connecting element (screw 5), wherein the adjustment member installation casing forms an installation cavity therein (interior shown in fig 2) and the adjusting element is positioned in the installation cavity (block 2 is located within the interior as shown in fig 4), wherein the resilient connecting element (5) is positioned between the adjusting element and the adjustment member installation casing (shown in fig 2). Shangxian does not explicitly teach that the head bracing member is inserted in the adjustment member installation casing in a forth and back movable manner, wherein when the head bracing member is pulled outwards by an exerting force, the adjusting element is able to be driven to move outwards by the head bracing member and the resilient connecting element is compressed at the same time, so as to disengage the connecting arm of the inner rotating member from the outer rotating member and switch to the free state, when the exerting force on the head bracing member is removed, the adjusting element returns to an original position thereof due to the resilient connecting element to switch to the adjustment state. However, with respect to these statements of intended use and other functional statements, they do not impose any structural limitations on the claims distinguishable over the device of Wang in view of Shangxian which is interpreted as being capable of being used as claimed if one so desires to do so. In re Casey, 152 USPQ 235 (CCPA 1967) and In re Otto, 136 USPQ 458, 459 (CCPA 1963). Furthermore, the manner in which a device is intended to be employed does not differentiate the claimed apparatus from prior art apparatus satisfying the claimed structural limitations. Ex parte Masham, 2 USPQ2d 1647 (1987).
With respect to claim 14, Wang in view of Shangxian discloses the device substantially as claimed (see rejection of claim 10) and Wang further discloses that the head bracing member includes a first bracing arm and a second bracing arm (elements 121 and 122 in fig 1), wherein the first support arm is pivotably connected to the second bracing arm to be foldable toward the second bracing arm (translation pg 3 – the device is configured to be folded for storage wherein the angle between elements is adjusted by the adjusting unit; see also description of figs 5-6b on translation pg 6), wherein the support member comprises a first support arm and a second support arm (elements 11; fig 1-3), wherein the first support arm and the second support arm are respectively extended from two ends of the head bracing member outwardly until the first support arm and the second support arm are connected with each other to form a stable triangular support configuration (as shown in fig 1), wherein a number of the adjustment member is two (there are two position adjustment mechanisms 22 as shown in fig 1), wherein the two adjustment members (22) are positioned at connecting positions of the head bracing member with the first support arm and the second support arm respectively (as shown in fig 1) wherein the first support arm of the support member is pivotally connected to the second support arm to be foldable towards the second support arm (translation pg 3 – the device is configured to be folded for storage wherein the angle between elements is adjusted by the adjusting unit; see also description of figs 5-6b on translation pg 6).
With respect to claim 34, Wang discloses the device as claimed (see rejection of claim 32) and also discloses that an inner wall of the outer rotating member (inner surface of element 221 that faces element 2211; fig 6B) defines a receiving cavity (area around 2211 is interpreted as being a receiving cavity) and the inner rotating member (element 222, fig 6B) is accommodated in the receiving cavity (as shown in fig 6A when assembled).
Wang dies not, however, disclose that the inner wall of the outer rotating member is recessed to form at least two unidirectional tooth grooves and the inner rotating member includes a base body and at least one connecting arm integrally extended from the base body outwardly in a suspended manner in such a manner that the at least one connecting arm is able to deform under an exerting force and return to an original form thereof after the exerting force is released, wherein the at least one connecting arm has a supporting surface formed and configured to be pressed against one of the at least two unidirectional tooth grooves to lock the outer rotating member and the inner rotating member, wherein in the adjustment state, the at least one connecting arm is pressed and selectively abutted against one of the at least two unidirectional tooth grooves of the outer rotating member so as to restrict the inner rotating member to be able to merely rotate with respect to the outer rotating member unidirectionally, wherein in the free state, the at least one connecting arm of the inner rotating member is released from the at least two unidirectional tooth grooves so as to allow the inner rotating member to freely rotate with respect to the outer rotating member.
Shangxian teaches an adjustment member (joint mechanism for adjustment of the height of a microphone) includes an outer rotating member (rotating member 3; fig 3) and an inner rotating member (element 4; fig 3), wherein an inner wall of the outer rotating member defines a receiving cavity (interior of member 3 defined inside element 30) and the inner rotating member (4) is accommodated in the receiving cavity (as shown in fig 4), wherein the inner wall of the outer rotating member is recessed to form at least two unidirectional tooth grooves (ratchet elements 33; fig 4) and the inner rotating member (4) includes a base body and at least one connecting arm integrally extended from the base body outwardly in a suspended manner (element 4 includes a central region with multiple elements 40 that extend from the central region outwardly and are suspended therefrom as shown in fig 4), in such a manner that the at least one connecting arm (40) is able to deform under an exerting force and return to an original form thereof after the exerting force is released (elements 40 are described as being elastic and thus inherently are capable of being deformed and then returning to the original form; see translation pg 3), wherein the at least one connecting arm (40) has a supporting surface formed and configured to be pressed against one of the at least two unidirectional tooth grooves (as shown in fig 4) to lock the outer rotating member and the inner rotating member (translation pg 2), wherein in the adjustment state, the supporting surface of the at least one connecting arm is pressed and selectively abutted against one of the at least two unidirectional tooth grooves of the outer rotating member so as to restrict the inner rotating member to be able to merely rotate with respect to the outer rotating member unidirectionally (the member 3 can only rotate clockwise – counterclockwise movement is locked by cooperation between elements 40 and ratchet elements 33 – translation pg 2) wherein in the free state, the at least one connecting arm of the inner rotating member is released from the at least two unidirectional tooth grooves so as to allow the inner rotating member to freely rotate with respect to the outer rotating member (translation pg 2 – clockwise rotation increases the height of the microphone but member 3 can also be rotated such that the height of the microphone can be reduced – this is interpreted as being the free state since the height can be either increased or decreased in this state). It would have been obvious to one having ordinary skill in the art, before the effective filing date of the invention, to have substituted the adjustment member on the device of Wang for the adjustment member of Shangxian which includes an outer rotating member and an inner rotating member, wherein an inner wall of the outer rotating member defines a receiving cavity and the inner rotating member is accommodated in the receiving cavity, wherein the inner wall of the outer rotating member is recessed to form at least two unidirectional tooth grooves and the inner rotating member includes a base body and at least one connecting arm integrally extended from the base body outwardly in a suspended manner, in such a manner that the at least one connecting arm is able to deform under an exerting force and return to an original form thereof after the exerting force is released, wherein the at least one connecting arm has a supporting surface formed and configured to be pressed against one of the at least two unidirectional tooth grooves to lock the outer rotating member and the inner rotating member, wherein in the adjustment state, the supporting surface of the at least one connecting arm is pressed and selectively abutted against one of the at least two unidirectional tooth grooves of the outer rotating member so as to restrict the inner rotating member to be able to merely rotate with respect to the outer rotating member unidirectionally, wherein in the free state, the at least one connecting arm of the inner rotating member is released from the at least two unidirectional tooth grooves so as to allow the inner rotating member to freely rotate with respect to the outer rotating member, as taught by Shangxian, in order to provide control over adjustment of the device.
With respect to claim 35, Wang discloses the device as claimed (see rejection of claim 33) but does not disclose that an inner wall of the outer rotating member defines a receiving cavity and the inner rotating member is accommodated in the receiving cavity, wherein the inner wall of the outer rotating member is recessed to form at least two unidirectional tooth grooves and the inner rotating member includes a base body and at least one connecting arm integrally extended from the base body outwardly in a suspended manner in such a manner that the at least one connecting arm is able to deform under an exerting force and return to an original form thereof after the exerting force is released, wherein the at least one connecting arm has a supporting surface formed and configured to be pressed against one of the at least two unidirectional tooth grooves to lock the outer rotating member and the inner rotating member, wherein in the adjustment state, the at least one connecting arm is pressed and selectively abutted against one of the at least two unidirectional tooth grooves of the outer rotating member so as to restrict the inner rotating member to be able to merely rotate with respect to the outer rotating member unidirectionally, wherein in the free state, the at least one connecting arm of the inner rotating member is released from the at least two unidirectional tooth grooves so as to allow the inner rotating member to freely rotate with respect to the outer rotating member.
Shangxian teaches an adjustment member (joint mechanism for adjustment of the height of a microphone) includes an outer rotating member (rotating member 3; fig 3) and an inner rotating member (element 4; fig 3), wherein an inner wall of the outer rotating member defines a receiving cavity (interior of member 3 defined inside element 30) and the inner rotating member (4) is accommodated in the receiving cavity (as shown in fig 4), wherein the inner wall of the outer rotating member is recessed to form at least two unidirectional tooth grooves (ratchet elements 33; fig 4) and the inner rotating member (4) includes a base body and at least one connecting arm integrally extended from the base body outwardly in a suspended manner (element 4 includes a central region with multiple elements 40 that extend from the central region outwardly and are suspended therefrom as shown in fig 4), in such a manner that the at least one connecting arm (40) is able to deform under an exerting force and return to an original form thereof after the exerting force is released (elements 40 are described as being elastic and thus inherently are capable of being deformed and then returning to the original form; see translation pg 3), wherein the at least one connecting arm (40) has a supporting surface formed and configured to be pressed against one of the at least two unidirectional tooth grooves (as shown in fig 4) to lock the outer rotating member and the inner rotating member (translation pg 2), wherein in the adjustment state, the supporting surface of the at least one connecting arm is pressed and selectively abutted against one of the at least two unidirectional tooth grooves of the outer rotating member so as to restrict the inner rotating member to be able to merely rotate with respect to the outer rotating member unidirectionally (the member 3 can only rotate clockwise – counterclockwise movement is locked by cooperation between elements 40 and ratchet elements 33 – translation pg 2) wherein in the free state, the at least one connecting arm of the inner rotating member is released from the at least two unidirectional tooth grooves so as to allow the inner rotating member to freely rotate with respect to the outer rotating member (translation pg 2 – clockwise rotation increases the height of the microphone but member 3 can also be rotated such that the height of the microphone can be reduced – this is interpreted as being the free state since the height can be either increased or decreased in this state). It would have been obvious to one having ordinary skill in the art, before the effective filing date of the invention, to have substituted the adjustment member on the device of Wang for the adjustment member of Shangxian which includes an outer rotating member and an inner rotating member, wherein an inner wall of the outer rotating member defines a receiving cavity and the inner rotating member is accommodated in the receiving cavity, wherein the inner wall of the outer rotating member is recessed to form at least two unidirectional tooth grooves and the inner rotating member includes a base body and at least one connecting arm integrally extended from the base body outwardly in a suspended manner, in such a manner that the at least one connecting arm is able to deform under an exerting force and return to an original form thereof after the exerting force is released, wherein the at least one connecting arm has a supporting surface formed and configured to be pressed against one of the at least two unidirectional tooth grooves to lock the outer rotating member and the inner rotating member, wherein in the adjustment state, the supporting surface of the at least one connecting arm is pressed and selectively abutted against one of the at least two unidirectional tooth grooves of the outer rotating member so as to restrict the inner rotating member to be able to merely rotate with respect to the outer rotating member unidirectionally, wherein in the free state, the at least one connecting arm of the inner rotating member is released from the at least two unidirectional tooth grooves so as to allow the inner rotating member to freely rotate with respect to the outer rotating member, as taught by Shangxian, in order to provide control over adjustment of the device.
Conclusion
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/CAITLIN A CARREIRO/Primary Examiner, Art Unit 3786