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 .
Election/Restrictions
Claim 6 is allowable. Claims 8 and 9, previously withdrawn from consideration as a result of a restriction requirement, require all the limitations of an allowable claim. Pursuant to the procedures set forth in MPEP § 821.04(a), the restriction requirement between Species 1, 2, and 3, as set forth in the Office action mailed on 07-10-2025, is hereby withdrawn and claims 8 and 9 are hereby rejoined and fully examined for patentability under 37 CFR 1.104.
In view of the withdrawal of the restriction requirement, applicant(s) are advised that if any claim presented in a divisional application is anticipated by, or includes all the limitations of, a claim that is allowable in the present application, such claim may be subject to provisional statutory and/or nonstatutory double patenting rejections over the claims of the instant application. Once the restriction requirement is withdrawn, the provisions of 35 U.S.C. 121 are no longer applicable. See In re Ziegler, 443 F.2d 1211, 1215, 170 USPQ 129, 131-32 (CCPA 1971). See also MPEP § 804.01.
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.
Claims 15-19 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Grewe et al. (US#2013/0220067).
Regarding claim 15, Grewe discloses in Figs. 1-8 a handle 22 for a construction tool (working tool 26, [0021]), the handle comprising: a lower handle portion 40 configured to be coupled to the construction tool; an upper handle portion 32,50 coupled to the lower handle portion, the upper handle portion configured to selectively rotate relative to the lower handle portion between a plurality of angular positions, the lowermost position relative to the construction tool being viewed and labeled as a “collapsed, storage position” and the uppermost position relative to the construction tool being viewed and labeled as a “deployed, extended position”; a support pin 52 disposed between the upper handle portion and the lower handle portion, the upper handle portion rotatable relative to the lower handle portion about the support pin ([0027], lines 15-19); and a locking mechanism configured to selectively secure the upper handle portion relative to the lower handle portion, the locking mechanism including an inner locking pin 60 movable between a lock position (direction 100, Fig. 5), in which the upper handle portion is not rotatable relative to the lower handle portion, and an unlock position (direction 102, Fig. 6), in which the upper handle portion is rotatable relative to the lower handle portion, an outer locking pin guide 56 disposed about the inner locking pin, the outer locking pin guide configured to guide movement of the inner locking pin between the lock position and the unlock position (pin 60 slides within the interior passage 88 of guide 56), and a release handle 62 configured to selectively move the inner locking pin between the lock position and the unlock position.
Regarding claim 16, further comprising a compression spring 58 configured to bias the inner locking pin 60 towards the lock position.
Regarding claim 17, wherein the outer locking pin guide 56 is fixed relative to the upper handle portion 32,50 via its flanged end and positioning in opening 74 of the upper handle portion 50.
Regarding claim 18, wherein the release handle 62 and the inner locking pin 60 are movable relative to the outer locking pin guide 56 (compare location of handle 62 and pin 60 with respect to the guide 56 in Fig. 5 versus Fig. 6).
Regarding claim 19, wherein the inner locking pin 60 is movable along a direction (along axis 104, Fig. 5) parallel to an axis about which the upper handle portion 32,50 is rotatable relative to the lower handle portion 40.
Allowable Subject Matter
Claims 6-14 and 23-25 are allowed.
Claims 20-22 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter:
Regarding claim 6, the applicant’s amendment thereto overcomes previously applied Grewe et al. (US#2013/0220067). Specifically, “Grewe does not disclose a handle with a locking mechanism that is between a support pin and a second end of the upper handle portion, which is grasped by the user. Rather, as shown below, Grewe discloses a handlebar 32 in which a manual grip 62 is positioned between a first end and a pivot pin 52. Moreover, as shown, the pivot pin 52 is positioned between the manual grip 62 and the second end of the upper handle portion, which is grasped by the user.”
Regarding claim 20, Grewe fails to disclose or suggest a bushing disposed on the lower handle portion, the bushing configured to couple the handle to the construction tool, wherein the bushing is formed of an elastomeric material. The lower handle portion 40 of Grewe configured to be coupled to the construction tool prohibits such a modification thereto.
Claim 21 includes the allowable subject matter discussed above with respect to claim 6 and is therefore allowable for at least the same reasons.
Response to Arguments
Regarding the previous election of species requirement, the applicant’s arguments are moot as the restriction requirement has been withdrawn as discussed above in detail. Claims 10 and 20 have been treated on their merits.
Regarding claim 6, the applicant’s arguments are accurate and persuasive as discussed above in detail.
Regarding claim 15 and previously applied Grewe et al. (US#2013/0220067), the applicant argues the following:
“Grewe does not disclose a handle including an upper handle portion that is configured to selectively rotate relative to the lower handle portion between a collapsed, storage position and a deployed, extended position. While the handlebar 32 of Grewe is pivotable to adjust the position thereof, Grewe does not teach or suggest a collapsed, storage position. In other words, Grewe discloses the handlebar 32 is pivotably connected to the mower deck to adjust an angular position but does not disclose that the handlebar 32 is able to achieve a collapsed, storage position. Accordingly, Grewe discloses multiple extended positions, rather than a collapsed, storage position.”
The examiner disagrees as Grewe discloses the upper handle portion 32,50 is coupled to the lower handle portion 40, the upper handle portion configured to selectively rotate relative to the lower handle portion between a plurality of angular positions. The lowermost position of the upper handle portion relative to the construction tool is being viewed and labeled as a “collapsed, storage position” and the uppermost position of the upper handle portion relative to the construction tool is being viewed and labeled as a “deployed, extended position”. Where there is physical identity between the subject matter of the claims and the prior art, the label given to the claimed subject matter does not distinguish the invention over the prior art. In re Pearson, 494 F.2d 1399, 1403, 181 USPQ 641, 644 (CCPA 1974); In re Lemin, 326 F.2d 437, 140 USPQ 273 (CCPA 1964). The lowermost position (collapsed) of the upper handle portion is capable of defining a storage position, and the raised, uppermost position (extended) of the handle portion is capable of defining a deployed position. It is noted claim 15 is silent with respect to any specific structure defining a “collapsed, storage position”.
Conclusion
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to WILLIAM L MILLER whose telephone number is (571)272-7068. The examiner can normally be reached 9:30 - 6:00 PM.
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, Jason San can be reached at (571) 272-6531. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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WILLIAM L. MILLER
Primary Examiner
Art Unit 3677
/WILLIAM L MILLER/Primary Examiner, Art Unit 3677
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