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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 9/11/2024 has been entered. Claims 1-9 remain pending in the present application.
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the fastening ring engages the circular recess of the first end of the second column portion in Claim 1 must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
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 Objections
Claims 1 and 4 are objected to because of the following informalities: Re. Cl. 1, the phrase “second column” in Line 18 should be “second column portion”. Re. Cl. 4, the term “second column” in Line 2 should be “second column portion.” Appropriate correction is required.
Claim Rejections - 35 USC § 103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claims 1-4 and 7 are rejected under 35 U.S.C. 103 as being unpatentable over Collin US 2008/0190630 (hereinafter Collin) in view of Dean US 6626605 (hereinafter Dean) in view of Sargent US 2011/0312437 (hereinafter Sargent) in view of Matievich US 3777358 (hereinafter Matievich).
Re. Cl. 1, Collin discloses: A locking assembly (Fig. 3) comprising: a first column portion (2b, Fig. 3) having an inner surface and a hollow interior (see Fig. 3); an insert (18, Fig. 3) secured within an end portion of the first column portion (see Fig. 3-5, 18 is welded into 2b), the insert having a first end which is solid contained within the first column portion (see Fig. 3-5), a threaded channel (22, Fig. 3) passing through the solid end (see Fig. 3-5), an inner cavity (21, Fig. 3), and a second end which opens to the inner cavity (see Fig. 3); a second column portion (10, Fig. 3-4) having a main body and a first end (see Fig. 3-4), the first end having a non- circular cross-section (see Fig. 3-4) corresponding to that of the inner cavity of the insert (see Fig. 3-5, the first end corresponds to the inner cavity as being aligned with it), wherein the first end is slidingly but not rotatably engaged with the inner cavity of the insert (see Fig. 2-3, via 11 and 12), the second column portion further having a channel through the first end (see Fig. 3-5, 14), the channel being coaxial with the threaded channel of the insert (see Fig. 5); and a fastening rod (23, Fig. 3) having a threaded end (see Fig. 3-5, end which engages 22), wherein the fastening rod passes through the channel of the second column portion and engages the threaded channel of the insert (see Fig. 5).
Re. Cl. 4, Collin discloses: the non-circular cross-section of the first end of the second column is selected from square, rectangular, triangular, and polygonal (see Fig. 3-4).
Re. Cl. 7, Collin discloses: the first column portion has an outer diameter which is the same as an outer diameter of the main body of the second column portion (see Fig. 2).
Re. Cl. 1 and 3, Collin discloses that the insert is welded to the first column (see Fig. 5, through 19) not disclose the hollow interior with a generally circular cross-section along a length of the first column portion and a guiding protuberance on the inner surface; the insert having an outer surface with a channel corresponding to the guiding protuberance, wherein the inner cavity has a non-circular cross-section, the first end further having a circular recess, wherein the fastening rod further including a fastening ring adjacent the threaded end, wherein the fastening ring engages the circular recess of the first end of the second column (Cl. 1), the fastening ring has external dimensions greater than those of the channel of the second column portion (Cl. 2), the non-circular cross-section of the inner cavity of the insert is selected from square, rectangular, triangular, and polygonal (Cl. 3). Dean discloses a locking assembly (Fig. 3) which includes a first column portion (12, Fig. 3) and an insert (16, Fig. 3) which fits within the first column portion (see Fig. 3). Re. Cl. 1, Dean discloses the first column portion having a hollow interior with a general circular cross section (see Fig. 3) having a guiding protuberance (24, Fig. 5) on the inner surface (see Fig. 5); the insert having an outer surface with a channel (42, Fig. 4-5) corresponding to the guiding protuberance (see Fig. 5).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to replace the welded connection between insert and first column of Collin with the protuberance and channel configuration of Dean with reasonable expectation of success since Dean states that such a modification provides a snap-fit and positive engagement which helps provide a more reliable and stronger connection (Col. 3, Lines 50-54). Such a modification would also provide a quicker assembly since the user would not be required to use tools to assemble the device.
Re. Cls. 1 and 3, Collin discloses that the sections (11 and 12) provide a torsion resistance configuration between the column parts and that other configurations can be used to provide the same torsion resistance (Paragraph 0027, Lines 1-13). Collin in view of Dean does not disclose the hollow interior with a generally circular cross-section along a length of the first column portion and a guiding protuberance on the inner surface; the insert having an outer surface with a channel corresponding to the guiding protuberance, wherein the inner cavity has a non-circular cross-section, the first end further having a circular recess, wherein the fastening rod further including a fastening ring adjacent the threaded end, wherein the fastening ring engages the circular recess of the first end of the second column (Cl. 1), the fastening ring has external dimensions greater than those of the channel of the second column portion (Cl. 2), the non-circular cross-section of the inner cavity of the insert is selected from square, rectangular, triangular, and polygonal (Cl. 3). Sargent discloses a locking assembly (Fig. 3) between a first column portion (330) and a second column portion (100), the first column portion including an insert (200, Fig. 3) and having a hollow interior with a generally circular cross-section along a length of the first column portion (see Fig. 3), the insert having an inner cavity which has a non-circular cross-section (see 200, Fig. 3 and 11-14 and Paragraph 0163, Lines 17-21). Re. Cls. 3-4, Sargent discloses disclose the non-circular cross-section of the inner cavity of the insert is selected from square, rectangular, triangular, and polygonal and the non-circular cross-section of the first end of the second column is selected from square, rectangular, triangular, and polygonal (Paragraph 0163, Lines 17-21). Re. Cl. 7, Sargent also discloses that the first column portion and second column portion have outer diameters which are the same (see Fig. 2-3, outer dimensions of 330 match the outer dimensions of 120).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to replace the configuration (11 and 12) of Collin with the inner cavity being non-circular mating with a corresponding non-circular shaped portion of the first end of the second column as disclosed by Sargent with reasonable expectation of success since it has been held to be obvious to replace one known means with another to achieve the predictable result of preventing relative rotation. KSR Int’l Co. V. Teleflex Inc. 550 U.S. ___, 82 USPQ 2d 1385 (Supreme Court 2007) (KSR). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the first and second columns of Collin to have circular cross sections as disclosed by Sargent with reasonable expectation of success since it has been held to be an obvious matter of choice to change the shape of a device absent persuasive evidence that the particular configuration was significant. Applicant has not disclosed any criticality for the claimed configuration. In re Dailey, 357 F.2d 669, 149 USPQ 47 (CCPA 1966).
Re. Cls. 1-2, the combination discussed above does not disclose the first end further having a circular recess, wherein the fastening rod further including a fastening ring adjacent the threaded end, wherein the fastening ring engages the circular recess of the first end of the second column (Cl. 1), the fastening ring has external dimensions greater than those of the channel of the second column portion (Cl. 2). Matievich discloses a locking assembly (Fig. 1-2) between a first portion and a second portion (10, 12, Fig. 1-2) which includes a first end having a circular recess (see end with recess 16, Fig. 1) and a fastening rod (28, Fig. 1-2) which includes a fastening ring (38, Fig. 1) adjacent a threaded end (see 34, Fig. 1-2), wherein the fastening ring engages the circular recess of the first end (see Fig. 1-2). Re. Cl. 2, Matievich discloses that the fastening ring has external dimensions greater than those of the channel (see Fig. 1-2, external dimensions of 38 is greater than channel through 10 which 28 extends).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the Collin device to include the circular recess and fastening ring of Matievich with reasonable expectation of success since Matievich states that such a modification prevents withdrawal of the fastener (Col. 2, Lines 44-49).
Claims 5-6 are rejected under 35 U.S.C. 103 as being unpatentable over Collin in view of Dean in view of Sargent in view of Matievich as applied to claims 1-4 above, and further in view of Macphee US 2016/0256992 (hereinafter Macphee).
Re. Cls. 5-6, Sargent discloses the use of corresponding or matching shapes including polygons but does not explicitly disclose that the polygons are squares. Macphee discloses that it is known to use matching shapes between mated parts to prevent relative rotation (see shape of 5/6 and 2, Fig. 1-3). Macphee discloses that the matching shapes are square (Paragraph 0025, Lines 14-16).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the matching shapes of Sargent to be square as disclosed by Macphee with reasonable expectation of success since Macphee states that such a modification prevents relative rotation (Paragraph 0025, Lines 14-16).
Claims 8-9 are rejected under 35 U.S.C. 103 as being unpatentable over Nakatani US 5746407 in view of Collin in view of Dean in view of Sargent in view of Matievich.
Re. Cl. 8, Nakatani discloses: A stationary platform (Fig. 4) comprising a central column (3, Fig. 4), the central column comprising a locking assembly (see Fig. 2, Fig. 6-7, or Fig. 9-10).
Re. Cl. 8, Nakatani discloses: the stationary platform is a tripod (see Fig. 4).
Re. Cl. 8, Nakatani does not disclose the locking assembly of claim 1. As discussed above, the combination of Collin in view of Dean in view of Sargent discloses a locking assembly of claim 1 (see above rejection of claim 1).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to replace the locking assembly of Nakatani with the locking assembly of Collin in view of Dean in view of Sargent since it has been held obvious to replace one known means with another to achieve the predictable result of securing first and second column portions together. KSR Int’l Co. V. Teleflex Inc. 550 U.S. ___, 82 USPQ 2d 1385 (Supreme Court 2007) (KSR)
Response to Arguments
Applicant’s arguments with respect to claim 1 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Bayley US 2862738, Chen US 8298633, Larkin US 3736010, Wu US 6692180 and Wu US 6669395 disclose other known guidance protuberance connections between a column and an insert which are presented to the Applicant for their consideration.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHRISTOPHER E GARFT whose telephone number is (571)270-1171. The examiner can normally be reached Monday-Friday 8:00 a.m. to 5:00 p.m..
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/CHRISTOPHER GARFT/Primary Examiner, Art Unit 3632