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 § 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.
Claims 1-28 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. Regarding claims 1, the phrase "for example" renders the claim indefinite because it is unclear whether the limitation(s) following the phrase are part of the claimed invention. See MPEP § 2173.05(d). Regarding claims 8, 12-13 and 26 the phrase "in particular" renders the claim indefinite because it is unclear whether the limitation(s) following the phrase are part of the claimed invention.
A broad range or limitation together with a narrow range or limitation that falls within the broad range or limitation (in the same claim) may be considered indefinite if the resulting claim does not clearly set forth the metes and bounds of the patent protection desired. See MPEP § 2173.05(c). In the present instance, claims 20 and 28 recites the broad recitation “direction” in claim 20 and “elongated , flexible” in claim 28, and the claim also recites “a radial direction” in claim 20 and “non-stretchable” in claim 28 which is the narrower statement of the range/limitation. The claim(s) are considered indefinite because there is a question or doubt as to whether the feature introduced by such narrower language is (a) merely exemplary of the remainder of the claim, and therefore not required, or (b) a required feature of the claims.
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) 1-12, 16-24 and 28 as best understood is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Yao et al (EP 2878513). Yao et al. shows the use of a device (1) for adjusting the height or the distance or the inclination of an object (5) in relation to a structure (6) to which the object is displaceably or pivotably coupled. The coupling of the object to the structure comprising a traction means (501,502) having at least one strand (501,502) whose free length is adjustable, and which in the region of one of its ends is connected to the structure, and in the region of its other end is connected to the device (Fig. 2) that is fixed to the object to be adjusted, and which during the adjustment has the tendency to be automatically shortened, wherein in the frame (101) of the device, locking of a set length (see Fig. 2) of the adjustable strand is provided, which is brought about by elements that interlock in a form-fit manner. Regarding claims 2-3, the device of Yao et al. is characterized in that the tendency toward automatic shortening of the adjustable strand is brought about by a spring element (7), situated inside the device (Fig. 3), which is not directly connected to the traction means that forms the adjustable strand (5), but, rather, by use of an additional movable or movably supported intermediate element designed as a winding body (2) with which some other element engages (the teeth) in a form-fit manner during the locking in order to block a movement of the intermediate element, and thus to fix the set length of the adjustable strand (Figs. 2-3). Regarding claims 5-6, Yao et al. shows the use of two or more traction means (501,502) wind around the winding body. Regarding claims 7-9, Yao et al. shows the traction means anchored in to the winding body through openings in the circumference of the winding body (Figs. 2-3). Regarding claims 16-24 the winding body has a locking device comprising an engagement element (4) and a row of teeth (see Fig. 3) partially around the winding body whereby the winding body is provided at a chassis, a base plate and or a housing (101) of the device (as shown in Fig. 3). The engagement element has one tooth and is pretensioned by a (tension) spring (7) and actuating element (3) protruding from the housing.
Claim(s) 1-28 as best understood is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Matsumoto (JP 4650658). Matsumoto shows the use of a device (1) for adjusting the height or the distance or the inclination of an object (A) in relation to a structure (Fig. 1) to which the object is displaceably or pivotably coupled. The coupling of the object to the structure comprising a traction means (B) having at least one strand (as shown in Fig. 1) whose free length is adjustable, and which in the region of one of its ends is connected to the structure, and in the region of its other end is connected to the device (Fig. 4) that is fixed to the object to be adjusted, and which during the adjustment has the tendency to be automatically shortened, wherein in the frame (Figs. 3-4) of the device, locking of a set length (see Fig. 1) of the adjustable strand is provided, which is brought about by elements that interlock in a form-fit manner. Regarding claims 2-3, the device of Matsumoto is characterized in that the tendency toward automatic shortening of the adjustable strand is brought about by a spring element (10), situated inside the device (Fig. 3), which is not directly connected to the traction means that forms the adjustable strand (5), but, rather, by use of an additional movable or movably supported intermediate element designed as a winding body (5) with which some other element engages (the teeth) in a form-fit manner during the locking in order to block a movement of the intermediate element, and thus to fix the set length of the adjustable strand (Figs. 2-3). Regarding claims 5-6, Matsumoto. shows the use of two or more traction means (Figs. 1,3) wind around the winding body. Regarding claims 7-9, Matsumoto shows the traction means anchored in to the winding body through openings (9) in the circumference of the winding body (Figs. 2-3). Regarding claims 16-24 the winding body has a locking device comprising an engagement element (25,26) and a row of teeth (8) partially around the winding body whereby the winding body is provided at a chassis, a base plate and or a housing (Fig. 4) of the device (as shown in Fig. 3). The engagement element has one tooth and is pretensioned by a (tension) spring (22) and actuating element (20) protruding from the housing. Regarding claim 25-27 the actuating element has an opening (underneath the actuating element) and the actuating element is linear displaceably (vertically as shown in Fig. 7).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ANTHONY D BARFIELD whose telephone number is (571)272-6852. 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. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ANTHONY D BARFIELD/Primary Examiner, Art Unit 3636
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July 27, 2024