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 the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 1-11 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Claim 1 recites the limitation of “the height adjustment portion being threadedly coupled to a threaded opening formed in the first stopper.” This threaded coupling can be seen in Fig. 3, as indicated by the dotted line, and is described in [59] of the instant in reference to the first embodiment of the claimed invention regarding translational movement of the stopper along the support shaft as the height adjustment portion is screwed into and out of the stopper. However, claims 1, 4, and 8 further include references to rotational movement about the support shaft. This rotational movement is still produced by the height adjustment portion, but not while the height adjustment portion is threadedly coupled to the stopper. There is no mention in the specification, specifically [64-66], as to how the height adjustment portion interacts with the stoppers to create the rotational movement, but one of ordinary skill in the art would not expect a threaded coupling to produce rotational movement, as threaded coupling is typically a linear motion. Further, when viewing Figs. 4-7, the height adjustment portion appears to only touch the top of the stopper, rather than being threadedly coupled to it, and influences the movement thereof by moving the point of resistance, which in turn pushes the stopper down or allows it to raise up. There is no indication in the specification or in the drawings that the height adjustment portion may be threadedly coupled to the stopper at the same time as there is rotational movement, orientation, or coupling between the stopper and the support shaft.
Claims 2-3, 5-7, and 9-11 are rejected for dependent upon the rejected base claim 1.
Appropriate correction is required.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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 DUSTIN KENWOOD VAN KIRK whose telephone number is (703)756-4717. The examiner can normally be reached Monday-Friday 9am-5pm EST.
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/DUSTIN VAN KIRK/Examiner, Art Unit 1722
/NIKI BAKHTIARI/Supervisory Patent Examiner, Art Unit 1722