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 .
Continued Examination Under 37 CFR 1.114
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 7/25/25 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 6, 10 and 11 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 1 sets forth “a spring means” while Claim 6 sets froth “a second restoring force of the spring means” and Claim 10 sets forth “a third restoring force” and Claim 11 sets forth “the restoring force of the spring means or a second spring means”. This combination of claim limitations sets forth great confusion as to how many spring means exist. It is further unclear how a single spring means can produce multiple restoring forces. Although a coil spring can produce axial and torsional forces, not coil spring appears to be disclosed.
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) 1-2 and 4-15 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Hueul, DE 10 2004 036 731.
Regarding Claim 1, Hueul teaches:
a hinge pin (2a) extending along a pin axis (X), and at least one pin receiving element
(1), which has a pin receiver (16) for at least partially receiving the hinge pin, wherein the hinge pin can be adjusted relative to the pin receiving element at least substantially perpendicular to the pin axis between a pivot position received at least partially in the pin receiver and an assembly position arranged outside the pin receiver, wherein the pin receiving element and the hinge pin can be pivoted relative to one another about the pin axis in the pivot position (see figs. 1-2),
wherein a securing element (17) is provided which can be adjusted between a securing position for securing the hinge pin with respect to an unintentional adjustment from the pivot position to the assembly position at least substantially perpendicular to the pin axis and a release position for releasing the adjustment of the hinge pin at least substantially perpendicular to the pin axis from the pivot position to the assembly position (figs. 2-4),
wherein the securing element can be moved positively from the release position into the securing position by adjusting the hinge pin from the assembly position into the pivot position (see 4, 6, 17, 22, see fig. 3), and
wherein the securing element can be adjusted from the securing position into the release position by adjusting the hinge pin from the pivoted position into the assembly position in a positive-locking manner (see 4, 6, see figs. 3-4), and
wherein the securing element can be adjusted from the release position in the direction of the securing position against a restoring force of a spring means, which restores the securing element into the release position (see 4, 6, see figs. 3-4).
Regarding Claim 2, Hueul teaches:
wherein the securing element (17) can be pivoted about a securing pivot axis (Y), at
least substantially parallel to the pin axis of the hinge pin in the pivot position, between the securing position and the release position.
Regarding Claim 4, Hueul teaches:
wherein the pin receiver has an assembly opening (see below) for inserting the hinge
pin into the pin receiver and removing the hinge pin from the pin receiver,
wherein the assembly opening is at least partially closed by the securing element in the securing position (see fig. 3), and
wherein the assembly opening is at least substantially released by the securing element in the release position (see 6, 7, 22).
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Regarding Claim 5, Hueul teaches:
wherein the securing element (17) rests on the pin receiving element (1) in the release position in the direction of the restoring force returning the securing element to the release position (figs. 3-4).
Regarding Claim 6, insofar as the claim is understood, Hueul teaches:
wherein the securing element can be adjusted from the securing position in the
direction of the release position against a second restoring force of the spring means, returning the securing element to the securing position (see 4, 6, see figs. 3-4), and
wherein the securing element rests on the pin receiving element in the securing position in the direction of the second restoring force returning the securing element to the securing position (see figs. 3-4).
Regarding Claim 7, Hueul teaches:
wherein at least one locking element (22) is provided which can be adjusted between a
locking position for positively blocking the adjustment of the securing element from the securing position to the release position and an unlocking position for releasing the adjustment of the securing element from the securing position to the release position (figs. 3-4), and
wherein, in the securing position of the securing element, the locking element in the locking position engages in a positive-locking manner into a locking receptacle (8) of the securing element and in the unlocking position is arranged at least substantially outside the locking receptacle (figs. 3-4).
Regarding Claim 8, Hueul teaches:
wherein the locking element (22) is held on the pin receiving element (1) so as to be adjustable between the locking position and the unlocking position (see figs. 1-4).
Regarding Claim 9, Hueul teaches:
wherein the adjustment of the locking element (22) from the unlocking position to the locking position is blocked in a positive-locking manner by the securing element (17/8) in the release position and is released in the securing position.
Regarding Claim 10, insofar as the claim is understood, Hueul teaches:
wherein the locking element (22) can be adjusted from the locking position in the
direction of the unlocking position, from the locking position to the unlocking position, against a third restoring force of the spring means (see 112 rejection, see element 6), returning the locking element to the locking position, and
wherein the locking element (22) rests on the securing element (17, 8) in the locking position and/or unlocking position in the direction of the third restoring force returning the locking element to the locking position.
Regarding Claim 11, insofar as the claim is understood, Hueul teaches:
wherein the securing element (17) can be adjusted from the release position to the
securing position against the restoring force of the spring means or a second spring means (see 4, 6), returning the securing element to the release position, and
wherein the securing element rests on a locking element (22) in the release position and/or securing position in the direction of the restoring force returning the securing element to the release position (see figs. 3-4).
Regarding Claim 12, Hueul teaches:
wherein the locking element (22) can be adjusted from the locking position to the unlocking position and/or back without tools (see element 7).
Regarding Claim 13, Hueul teaches:
wherein the securing element (17) has a pin receiver (23) for at least partially receiving the hinge pin…and/or the hinge pin has an at least substantially circular cross-section (see 2a).
Regarding Claim 14, Hueul teaches a door or flap (paragraph [0018]), a base part in the form of a frame (paragraph [0018]), at least one hinge (see figs. 1-4). For the remaining limitations of this claim see paragraphs [0001]-[0006] and rejection of Claim 13 above.
Regarding Claim 15, see rejections above and disclosure of paragraphs [0001]-[0006] and note structure of the hinge disclosed in figs. 1-4 which demonstrate that the leaf can be in a closed or open position by rotating around the hinge pin while the securing element and element in blocked because the blocking is controlled by rod 7 and the operation of rod 7 is unrelated to the open or closed position of the leaf.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MATTHEW J SULLIVAN whose telephone number is (571)270-5218. The examiner can normally be reached IFP, Typically M-Th, 8:00-6:00, regular Fr availability.
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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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/M.J.S/Examiner, Art Unit 3677
/JASON W SAN/SPE, Art Unit 3677