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 .
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 76/2026 has been entered.
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 13, 14, 16, 17, 19 and 20 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.
Claim 13 recites “splined section of said sidewall surrounding said opening” in line 8. It is unclear if these splined sections are the same as the previously recited splined sections (claim 12, line 11). For examination purposes, they are assumed to be the same. Clarification is required.
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) 1-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Gearing (US-10,724,681 B2) in view of Zaltron (US-2013/0092203 A1).
Claims 1-3 and 12-14: Gearing et al. discloses a trek pole engageable support apparatus (15), comprising: a support body (21) having an upper surface opposite a lower surface (as seen in FIG. 1-3); said upper surface configured for support of an object (7) thereon; at least one support member (25a-25c) in a rotating engagement at a first end thereof to said support body (via 40, each pin 40 allow the corresponding support member to rotate relative to member 21); said support member having a sidewall (41) surrounding an axial passage therein (as seen in FIG. 3; col. 4, lines 1-5), said support member including a narrowing second end that tapers towards a center axis of the axial passage (as seen in FIG. 5, which is an alternate embodiment to FIG. 4, the second end of the support member narrows due to tapering at 52a towards a center axis of the axial passage); an opening at said second end of said support member, said opening communicating with said axial passage (as seen in FIG. 3, there is an openings into which 61 passes to be received in the axial passage of 41); said opening for insertion of a distal end of a support pole (50) therethrough and into said axial passage (FIGS. 1, 3 and 4); and said second end of said support member having a connector (43, 47) for forming a removable engagement with said distal end of said support pole (via 63 and 67). While Gearing et al. teaches a connector between the support member and the support pole to provide a removable engagement, Gearing et al. does not teach a compressive connector forming a compressive engagement. Zaltron teaches a support member (3, 2) and a support pole (6), wherein an end of said support member has a compressive connector (5, 7) thereon for forming a removable compressive engagement against an exterior surface of said support pole (the compressive forces are applied to only the exterior surfaces of either the support member and/or support pole, as the compressive connector is not located on the interior of the member and/or pole); wherein said compressive connector comprises: a collar (5) in a threaded engagement upon an exterior surface of said sidewall of said support member (via 10 and 11), said collar moveable along said threaded engagement in a first direction (downward towards 6 when collar is moved in the direction F) toward said second end of said support member and in a second direction opposite said first direction (upward towards 3); splined sections (7, 7a, 8) of said sidewall surrounding said opening (bottom of 8); and wherein contact of an interior surface of said collar with said splined sections during rotation of said collar in said first direction imparting a deflection of said splined sections toward a central axis of said axial passage (paragraphs 64 and 69), said deflection of said splined sections forming a contact of interior surfaces of said splined sections with said support pole forms said removable compressive engagement therewith (paragraph 62); and wherein movement of said collar in a first direction progressively further toward said second end of said support member increases a force of said removable compressive engagement (paragraph 64). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Gearing et al. to include a compressive connector to form a compressive engagement, as taught by Zaltron, so that the trek pole engageable support apparatus could be used with a variety of trek poles, not just ones that have a magnet and a protrusion, having varying diameters to make the apparatus more universally accommodating.
It is noted that while Gearing et al. does not necessarily teach insertion of a distal end of a support pole (50) positioned opposite a handle end thereof into said axial passage, this limitation is functionally recited (“said opening for insertion of a distal end of a support pole positioned opposite a handle end thereof therethrough and into said axial passage”; emphasis added to highlight the functional portion of the limitation). As such, Gearing et al. is not required to explicitly teach functional recited claim language, as long as the device of Gearing et al. is capable of providing said function. In this case, the distal end of the support pole opposite the handle end thereof taught by Gearing et al. is capable of being inserted into the axial opening since the shape of the (tapered) distal end would allow it to received therein (the axial opening and axial passage are circular/cylindrical).
Claims 4-9 and 15-20: Gearing et al. discloses a plurality of said support members (as seen in the figures there are three support members 17a-c); and said engagement at a first end of each of said support members to said support body being a pivoting engagement (via pivot 40).
Claims 10 and 11: Gearing et al. shows said distal end of said support pole as having a taper defined by a tapering exterior surface (as seen in FIGS. 1, 4a and 4b). Therefore, if the distal, tapered end of the support pole was located in the opening of the support member, the compressive connector would inherently form a removable compressive engagement by contacting the interior surfaces of the splined sections with at least a portion of said tapering exterior surface of the distal end of support pole.
Response to Arguments
Applicant's arguments filed 7/6/2026 have been fully considered but they are not persuasive. Applicant argues that Zaltron teaches away from the added claim language in claims 1 and 12 – “said support member including a narrowing second end that tapers towards a center axis of the axial passage” (page 9, Remarks). However, it is noted, as stated in the rejection above, Zaltron teaches an embodiment shown in FIG. 5, that has a second end that then tapers (at 52a) towards a center axis of the axial passage, after the support members flares outward, thus allowing it still interact with cursor in a manner that would make the connection operable. As such, the Examiner maintains that the combination of Gearing and Zaltron reads all limitations of the claims as they currently stand.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DANIELLE JACKSON whose telephone number is (571)272-2268. The examiner can normally be reached M-F: 11AM-7PM EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, David Dunn can be reached at (571)272-6670. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/DNJ/Examiner, Art Unit 3636
/DAVID R DUNN/Supervisory Patent Examiner, Art Unit 3636
