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 Objections
Claim 12 is objected to because of the following informalities:
Claim 12 lines 7-8 recite: “fastener and the”. This should be corrected to read - - a fastener and the - -.
Appropriate correction is required.
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) 12 is rejected under 35 U.S.C. 102(a)(1) as being unpatentable over Choy (US 2003/0053858 A1).
Regarding claim 12, Choy discloses a tensile rod, comprising:
a first pulling rod (708 in Fig. 7);
a second pulling rod (709-710) comprising a pulling end and an inserting end (portion J in annotated Figure 7 below) that are opposite to each other (see Fig. 7), and the inserting end being removably interposed in the first pulling rod (see Fig. 7); and
an extruding assembly (portion K of 712-713 seen in annotated Figure 7 below, 718, and 725) mounted to, and extending longitudinally from, the inserting end (see Fig. 7) and abutting against an inner wall of the first pulling rod (see Fig. 7); wherein the extruding assembly comprises a first friction seat (723 on 712) and a second friction seat (723 on 713) that are secured together by a fastener (725) and the fastener comprises a screw (725), a rivet, a clamping connection, or the rivet and hot melt connection; an elastic member (elastic body of 712 and 713, see paragraph [0013]) biasing the first friction seat and the second friction seat away from each other (see Fig. 7 and paragraph [0013]); and the extruding assembly is configured to provide a uniform extruding friction force from the inserting end of the second pulling rod to the inner wall of the first pulling rod (see Fig. 7 and paragraph [0013]).
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Figure 1. Annotated Figure 7.
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, 3, 9, and 11 are rejected under 35 U.S.C. 103 as being unpatentable over Sirui (CN 204646899 U) in view of Ley (US 1,919,114 A).
Regarding claim 1, Sirui discloses a tensile rod, comprising:
a first pulling rod (1);
a second pulling rod (2) comprising a pulling end (B in annotated Figure 1 below) and an inserting end (A in annotated Figure 1 below) that are opposite to each other, and the inserting end of the second pulling rod being removably interposed in the first pulling rod (see Fig. 1); and
an extruding assembly (3-4) comprising:
a first friction seat (C in annotated Figure 1 below) comprising a first connecting arm (E in annotated Figure 2 below);
a second friction seat (D in annotated Figure 1 below) comprising a second connecting arm (F in annotated Figure 2 below) at a position corresponding to the first connecting arm, the second friction seat and the first friction seat being enclosed to form a sleeve (see Figs. 1-2), the sleeve being sleeved at the inserting end of the second pulling rod and being located between the first pulling rod and the second pulling rod (see Fig. 1); the first connecting arm and the second connecting arm are coupled together by a fastener (42 in Fig. 3 and recess that receives 42 in member 4, see Fig. 2); and an elastic member (3),
wherein the extruding assembly abutting abuts against an inner wall of the first pulling rod (see Fig. 2), wherein the extruding assembly is configured to provide a uniform extruding friction force from the inserting end of the second pulling rod to the inner wall of the first pulling rod (see Fig. 2).
Sirui fails to disclose as claimed that the elastic member is sleeved over the first and second connecting arm.
However, Ley teaches two friction seats comprising column members (22 and 22a) having structures that allow for an elastic spring element (24 and 25a) to be inserted within the column member or sleeved on the column member, in order to provide an expansion system that allows for visual inspection of elastic spring elements without the need for disassembly of the extruding column members. Such a benefit can increase quality and wear inspection efficiencies while reducing cost.
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify Sirui, with Ley, such that the elastic spring is sleeved on the extruding column as taught by Ley, in order to provide an expansion system that allows for visual inspection of elastic spring elements without the need for disassembly of the extruding column members. Such a benefit can increase quality and wear inspection efficiencies while reducing cost.
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Figure 2. Annotated Figure 1.
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Figure 3. Annotated Figure 1.
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Figure 4. Annotated Figure 7.
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Figure 5. Annotated Figure 1.
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Figure 6. Annotated Figure 2.
Regarding claim 3, the combination of Sirui and Ley teaches wherein the elastic member (3 of Sirui) is a spring (see Figs. 1-2 of Sirui) or a plastic elastomer.
Regarding claim 9, the combination of Sirui and Ley teaches wherein one end of the first pulling rod (1 of Sirui) near the second pulling rod (2 of Sirui) is provided with a rod sleeve (6 of Sirui) to limit the second pulling rod from being escaped from the first pulling rod (see Fig. 2 of Sirui).
Regarding claim 11, the combination of Sirui and Ley teaches further comprising a bracket (6 of Sirui) coupled to the first pulling rod (1 of Sirui, see Fig. 1 of Sirui), the second pulling rod, or both the first pulling rod and the second pulling rod.
Claim(s) 4 is rejected under 35 U.S.C. 103 as being unpatentable over Sirui (CN 204646899 U) and Ley (US 1,919,114 A), as applied to claim 1, and further in view of Dongguan (CN 206234215 U).
Regarding claim 4, the combination of Sirui and Ley teaches a first connecting arm (E in annotated Figure 2 above) and second connecting arm (F in annotated Figure 2 above) forming a set of extruding columns (see Fig. 2 of Sirui); and the elastic member (3 of Sirui) is arranged on each of the extruding columns (as taught by Ley in Fig. 4 of Ley).
The combination of Sirui and Ley fails to teach as claimed two first connecting arms, two second connecting arms, both forming a set of extruding columns, and the elastic member is arranged on each of the extruding columns.
However, Dongguan teaches two expanding elements (23) on each of the first and second friction seats (2 and 21 in Fig. 5), in order to provide an increased friction force when desired or required for certain applications.
Applicant is reminded that duplicating the components of a prior art device, wherein there is no structural or functional significance as to the specific number of an element disclosed, is a design consideration within the skill of the art. In re Harza, 274 F.2d 669, 124 USPQ 378 (CCPA 1960).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the combination of Sirui and Ley, with Dongguan, such that it comprises duplicated connecting arms and elastic members, as taught by Dongguan, in order to provide an increased friction force when desired or required for certain applications.
Accordingly, the combination of Sirui, Ley, and Dongguan teaches wherein two first connecting arms (E in annotated Figure 2 above as taught by Donggaun) and two second connecting arms (F in annotated Figure 2 above as taught by Donggaun) are both provided to form two sets of the extruding columns (see Fig. 2 of Sirui); and the elastic members (3 of Sirui as taught by Donggaun) are arranged on each of the extruding columns (as taught by Fig. 4 of Ley).
Claim(s) 6-8 are rejected under 35 U.S.C. 103 as being unpatentable over Sirui (CN 204646899 U) and Ley (US 1,919,114 A), as applied to claim 1, and further in view of Stahle (US 7,302,745 B2).
Regarding claim 6, the combination of Sirui and Ley teaches the sleeve (4 of Sirui) and the first pulling rod (1 of Sirui).
The combination of Sirui and Ley fails to teach as claimed that the extruding assembly further comprises a friction sheet, and the friction sheet is arranged between the sleeve and the first pulling rod.
Stahle teaches a tensile rod (see Fig. 8) comprising a friction sheet (12), and the friction sheet is arranged between a sleeve (9) and a first pulling rod (1), in order to provide a suitable friction material on the interference surfaces that assist in controlling gripping forces and friction applied thereto (See Column 11 lines 27-37).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the combination of Sirui and Ley, with Stahle, such that it comprises the friction sheet of Stahle located between the sleeve and first pulling rod of Sirui, in order to provide a suitable friction material on the interference surfaces that assist in controlling gripping forces and friction applied thereto (See Column 11 lines 27-37 of Stahle).
Regarding claim 7, the combination of Sirui, Ley, and Stahle teaches wherein two friction sheets are provided (12 of Stahle, see Fig. 11 of Stahle), the two friction sheets are affixed to the first friction seat (C in annotated Figure 1 above) and the second friction seat (D in annotated Figure 1 above), respectively; or one of the friction sheets is integral with the first friction seat, and the other of the friction sheets is integral with the second friction seat.
Regarding claim 8, the combination of Sirui, Ley, and Stahle teaches the friction sheet (12 of Stahle).
The combination of Sirui, Ley, and Stahle fails to teach as claimed that the friction sheet is made of metal or plastic cement.
Applicant is reminded that it has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice. In re Leshin, 277 F.2d 197, 125 USPQ 416 (CCPA 1960).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the combination of Sirui, Ley, and Stahle, such that it comprises a friction sheet made of metal, in order to provide a friction sheet that comprises a lower coefficient of friction when required such that the amount of heat and wear generated during movement is reduced.
Allowable Subject Matter
Claim 5 is 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 5, the combination of Sirui, Ley, and Dongguan teaches the first (E in annotated Figure 2 above) and second (F in annotated Figure 2 above) connecting arms are coupled together by a fastener (42 in Fig. 3 of Sirui and recess that receives 42 in member 4 of Sirui, see Fig. 2 of Sirui), but fails to disclose as claimed that the fastener is a screw; a rivet; or the rivet and hot melt connection.
Prior art Hammond (US 2,952,485 A) teaches a friction engagement comprising two friction engaging members being directed by a pin (56, see Fig. 3), but fails to teach a screw; a rivet; or the rivet and hot melt connection.
Further, prior art Akiba (US 2021/0180747 A1) teaches a friction engagement (see Figs. 15A-15C) comprising two friction engaging members (15) that are connected to a respective tube (see Fig. 5) via a screw (see Fig. 5, 18), but fails to teach as claimed that the first and second connecting arms are coupled together by the fastener. The connecting arms (15 of Akiba) are coupled by the forces applied thereto by the spring (16), not the screw. Accordingly, there is no prior art that would be obvious to combine with Sirui, Ley, and Dongguan, in order to read on the claimed invention.
Prior art Choy (US 2003/0053858 A1) discloses a tube to tube connection having friction engagement (see Fig. 7), however, Choy fails to disclose as required by claim 1 that the sleeve is located between the first and second pulling rod. Choy discloses the sleeve to be adjacent to each pulling rod and not directly between the pulling rods.
Therefore, there is no prior art either alone or in combination that teaches or discloses the invention as claimed in claim 5. For at least the reasons listed above, claim 5 would be allowable if rewritten in independent form.
Response to Arguments
Applicant’s arguments with respect to claim(s) 1, 3-9, and 11 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.
Applicant's arguments filed 14 October 2025 have been fully considered but they are not persuasive.
Applicant’s remarks filed 14 October 2025, pages 1-2, recite: “Neither Sirui, Dongguan, nor the combination thereof discloses the use of a fastener, much less a fastener coupling the first and second connection arms…”. Examiner respectfully disagrees. Examiner interprets 42 of Sirui and the recess of Sirui that receives member 42 to be the fastener. Applicant does not redefine the term “fastener” in the specification and therefore the broadest reasonable interpretation is set forth herein.
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 ZACHARY A HALL whose telephone number is (571)272-5907. The examiner can normally be reached Monday through Thursday 8:00am to 4:00pm.
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/ZAH/Examiner, Art Unit 3678
/AMBER R ANDERSON/Supervisory Patent Examiner, Art Unit 3678