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 .
Status of the Claims
Claims 1-8 are pending in the application.
Specification
The disclosure is objected to because of the following informalities: Appropriate correction is required.
Page 9 lines 12-13 of the original Specification should be amended as follows:
--FIG. 3 corresponds to FIG. 2 when viewed from another angle.--
Claim Objections
Claims 1 and 6 are objected to because of the following informalities: Appropriate correction is required.
Re Claim 1: Lines 18-20 of claim 1 should be amended as follows:
--said driving member comprising a rotating shaft for being movably installed at said opening inside said protruding shaft portion--
Re Claim 6: Lines 8-10 of claim 1 should be amended as follows:
--and said two pushing portions respectively provided adjacent to said inner shoulders--
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 1-8 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.
Re Claim 1: Claim 1 recites the limitation "said connecting portion on one side of said driving member" in lines 25-26. There is insufficient antecedent basis for this limitation in the claim. For examination purposes, for this Office Action only, the Examiner will interpret this limitation as follows:
--said connecting portion on one side of said rotating shaft-- since there is proper antecedent basis for such a limitation in lines 21-22 of the claim.
Further, claim 1 recites the limitation “said elastic member is placed between said protruding shaft portion of said fixing seat and said rotating shaft of said driving member” in the final paragraph of the claim. This limitation appears to be misdescriptive and/or inaccurate. As can be clearly seen in at least original Fig. 7, when the device is assembled, the elastic member (4) is NOT placed between the protruding shaft portion (21) and the rotating shaft (311) (see annotated Fig. 7 below).
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Rather, the elastic member (4) is placed between the clamping portion (22) and the connecting portion (321) of the rotating member (32). For examination purposes, for this Office Action only, the Examiner will interpret this limitation as follows:
--said elastic member is placed between said clamping portion of said fixing seat and said connecting portion provided on one side of said rotating space.--
Clarification and correction are required.
Re Claims 2-8: These claims are considered indefinite because of their dependency from indefinite claim 1.
Allowable Subject Matter
Claims 1-8, as best understood by the Examiner, would be allowable if rewritten so as to overcome the claim objections and 35 USC 112 rejections set forth above.
The following is a statement of reasons for the indication of allowable subject matter:
Re Claim 1, as best understood by the Examiner: Bornzin (US Patent 3,822,951) is considered to be the closes prior art device of record to that of claim 1.
Bornzin discloses a rotary positioning device, comprising a base (15), a fixing seat (3), a rotation unit (20, 27) and an elastic member (55), wherein:
said base (15) comprises a base body (at 15; Fig. 1), a shaft (13) extended outward from one side of said base body, and a stopper (at 16; Fig. 1) provided on one side of said shaft opposite to said base body;
said fixing seat (3) comprises an accommodating space (bore 4; Fig. 3) inside to be assembled on an outside of said shaft and said stopper of said base in a movable alignment, an opening (the opening to bore 4; Fig. 3) provided on one side of said accommodating space and penetrating outwards, an adjacent protruding shaft portion (the portion of hub 4 protruding to the right of lock rings 29, 3.0; Fig. 3) and a clamping portion (for example, locking ring 29) located outside said opening, two horizontal through-holes (7) respectively located on two opposite sides of said accommodating space (bore 4), and a movable positioning body (10) respectively placed in each said horizontal through-hole (7);
said rotation unit (20, 27) is assembled outside said fixing seat (3), said rotation unit comprising a driving member (20) and a rotating member (27) combined with an outside of said driving member, said rotating member (27) comprising a rotating space (the interior of collar 27 that receives cam ring 20) inside, two inner shoulders respectively located on two opposite walls (for example, the inner surfaces of cam ring 20 that contact periphery 8 of the bub 3; see Figs. 2-3) on one side of said rotating space that rotate and resist or retreat from two sides of said clamping portion and two pushing portions (cam surfaces 60) respectively provided adjacent to said inner shoulders to press the respective each said movable positioning body (10) for lateral displacement in each said horizontal through-hole (7);
said elastic member (55) is placed between said clamping portion (29) of said fixing seat (3) and a connecting portion (at the interface with the casing of coupler 2; see the left-hand side of Fig. 3) of the rotation unit.
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Bornzin fails to disclose wherein:
the driving member is assembled inside said opening of said protruding shaft portion;
said driving member comprising a rotating shaft for being movably installed at said opening inside said protruding shaft portion and a connecting portion with enlarged outer diameter located on one side of said rotating shaft;
a connecting portion provided on one side of said rotating space and penetrating outward and used for connecting and positioning said connecting portion on one side of said rotating shaft; and
wherein said elastic member is placed between said clamping portion (29) of said fixing seat (3) and said connecting portion provided on one side of said rotating space.
It would not have been obvious to modify the device of Bornzin in such a manner since there would have been no teaching, suggestion, or motivation from the prior art to do so. Nor do of the other prior art devices of record teach or disclose a rotary positioning device as claimed in claim 1, including these limitations.
Therefore, claim 1, as best understood by the Examiner, is considered allowable over Bornzin and all other prior art devices of record for at least these reasons. Claims 2-8 are considered allowable over the prior art of record at least due to their dependence from claim 1.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MATTHEW R MCMAHON whose telephone number is (571)270-3067. The examiner can normally be reached Mon-Fri 9am-5pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Amber Anderson can be reached at (571) 270-5281. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MATTHEW R MCMAHON/Primary Examiner, Art Unit 3678