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 .
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
DETAILED ACTION
This is the second action for application #18/204988, Holder Assembly For Flagpole Rod and the Like, filed 6/2/2023. Claims 1-20 are pending.
Election/Restrictions
Applicant’s election of Species 2 (Figures 5-6) in the reply filed on 10/21/2025 is acknowledged. Because applicant did not distinctly and specifically point out the supposed errors in the restriction requirement, the election has been treated as an election without traverse (MPEP § 818.01(a)).
Drawings
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they do not include the following reference sign(s) mentioned in the description: 1110.
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(4) because reference character “1106” has been used to designate two different elements in Figures 11-13.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Specification
The specification is objected to because on page 3, the sentence that begins on line 10 and ends on line 11 is missing a period.
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 1-20 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 pre-AIA the applicant regards as the invention.
Regarding Claims 1 and 9:
-It is claimed that the pinching element is held in a fixed position “relative to the holder”. This is unclear since as seen in Figure 6, the holder pivots with respect to the pinching elements, therefore the position “relative to the holder” is not fixed.
Regarding Claim 14:
-It is claimed that the pinching element is held in a fixed position “relative to the holder”. This is unclear since as seen in Figure 6, the holder pivots with respect to the pinching elements, therefore the position “relative to the holder” is not fixed.
-It is claimed that the pinching element is configured to “progressively occlude the holder as the holder tilts”. This is unclear. First, this is not disclosed in the specification when defining the elected species so it is not clear if claim 14 is drawn to a different species. Secondly, as best understood, when the holder of Figure 5 tilts counterclockwise, the upper end of the pinching element 512 enters into the tubular hollow portion of the holder. If there is no rod inserted then as best understood, the holder could continue pivoting until the upper end of the pinching element contacts an opposing interior wall of the holder. Therefore, there is no progressive occlusion of the holder. If a rod is inserted (which is not positively claimed) then the holder would pivot until the pinching element contacted the rod.
-The phrase “sufficient amount of tilt” is indefinite.
Regarding Claim 15:
-The phrase “in a direction of the tilt of the rod” is unclear since the rod can tilt in both clockwise and counterclockwise.
Regarding Claim 19:
-It is claimed that the rod it tilted “an amount sufficient to cause the rod to contact the pinching element” and that “further tilting of the rod causes the rod to tilt the holder into the pinched configuration”. This is unclear since in elected embodiment of Figures 5 and 6, if the rod was tilted without the holder tilting, then the rod would not be contacting the pinching element since the pinching element lies within the same circumference as the holder wall. The holder itself would have to be tilted in order for the pinching element to ever contact the rod.
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1, 2, 9-11, 13-18, and 20 are rejected under 35 U.S.C. 102(a)(1) and (a)(2) as being anticipated by US 6,089,524 (Lai).
Regarding Claim 1, as best understood, Lai teaches an apparatus, comprising:
a holder (3; Figures 2, 3, 5) configured to hold a rod (4), wherein the holder is configured to tilt about a pivot joint (31; col 2, ln 30-36); and
a pinching element (2) held in a fixed position (via 25; col 2, ln 36-39) relative to the holder (3) and comprising a contact surface (interior surface; Figures 2 and 4);
wherein a distance between the contact surface (interior surface of 2’ Figure 2) and an interior surface of the holder (3) opposite the contact surface (contact surfaces face each other (Figures 2 and 3) decreases as the holder tilts about the pivot joint (31) toward a pinched configuration (See the distance decrease between the position in Figure 5 to the pinched position in Figure 3).
Regarding Claim 2, as best understood, Lai teaches the apparatus of claim 1, wherein the holder (3) comprises: a first end (left end in Figure 3) configured to retain the rod (4) disposed in the holder (via stop 32); and a second end (right end) that is open to receive the rod (4), wherein the contact surface (interior surface of 2) is disposed between the pivot joint (31) and the second end (right end; see Figure 3).
Regarding Claim 9, as best understood, Lai teaches an apparatus, comprising:
a holder (3; Figures 2, 3, 5) configured to receive an end of a rod (4) therein and to tilt between an unpinched configuration when upright (Figure 5) and a pinched configuration when tilted (Figure 3); and
a pinching element (2) held fixed relative to the holder (via 25; col 2, ln 36-39), wherein when moved toward the pinched configuration an interior surface (downwardly facing interior surface) of the holder (3) approaches the pinching element (see Figure 5 where the interior surface of the holder (3) is at a first distance and then as it is tilted towards the pinched configuration (Figure 3) the interior surface of the holder approaches the pinching element (2));
wherein in the pinched configuration (Figure 3) a contact surface of the pinching element (interior surface of 2 as depicted in Figure 2) is configured to pinch the rod (4) between the pinching element (2) and the interior surface (of the holder 3; as depicted in Figure 3 the contact surface of the pinching element pinches the rod 4 by contacting the lower end of the rod 4 as depicted in Figure 3 and by locking with the holder 3 via elements 25 located on the contact surface; Figures 2 and 3; col 2, ln 27-29, ln 36-39).
Regarding Claim 10, as best understood, Lai teaches the apparatus of claim 9, wherein when in the pinched configuration (Figure 3), the pinching element (2) is configured to exert a pinching force (at right end of 2 in Figure 3 depicting pinching the lower side of the rod 4) that is proportional to a tilting force (at left upper end of the rod 4 in Figure 3) exerted on a distal end of the rod (as depicted in Figure 3).
Regarding Claim 11, as best understood, Lai teaches the apparatus of claim 9, further comprising a pivot joint (31) configured to enable the tilting of the holder (3; as depicted in Figure 5), wherein the contact surface (interior surface) of the pinching element (2) is disposed between the pivot joint (31) and an upper end of the holder (end where 33 is pointing to in Figure 5; interior surface of 2 surrounds the lower half of holder 3 and extends from the pivot joint to and past the end of the holder 3; Figures 2 and 3).
Regarding Claim 13, as best understood, Lai teaches the apparatus of claim 11, further comprising a base (downwardly extending portion of 2 that contains 21; Figure 2) comprising the pinching element (2), wherein the base is connected to the holder (3) via the pivot joint (since the base is part of the pinching element (2) and the pinching element is connected to the holder via the pivot joint (31)).
Regarding Claim 14, as best understood, Lai teaches an apparatus, comprising:
a holder (3) configured to hold a rod (4), wherein the holder (3) is configured to tilt about a pivot joint (31; see Figures 2 and 5); and
a pinching element (2) held in a fixed position relative to the holder (via 25; col 2, ln 36-39) and configured to progressively occlude the holder as the holder tilts (as best understood, the pinching element (2) occludes the holder (3) as the holder tilts from the position in Figure 5 to the position in Figure 3);
wherein when the rod (4) is disposed in the holder (3) and upon reaching a sufficient amount of tilt of the holder (Figure 3) the pinching element (2) occludes the holder (3) enough to pinch the rod (4) between the pinching element (2) and the holder (3) in a pinched configuration (Figure 3).
Regarding Claim 15, as best understood, Lai teaches the apparatus of claim 14, wherein in the pinched configuration (Figure 3) the rod (4) is cantilevered from the holder (3) and the pinched configuration (Figure 3) is effective to resist an external force applied to a cantilevered end of the rod (4) in a direction of the tilt of the rod (pushing down on the right end of the rod 4 in Figure 3 will not allow further tilting of the rod due to the pinched configuration, and pushing up on the rod would be resisted by depression 25 and protrusion 33 until the force overcomes the friction).
Regarding Claim 16, as best understood, Lai teaches the apparatus of claim 15, wherein in the pinched configuration (Figure 3) a magnitude of a pinching force the pinching element (2) exerts on the rod (4; where the pinching force would be upwardly against the bottom of the rod 4 at the right end of element 2 in Figure 3) is proportional to a magnitude of the external force applied to the cantilevered end of the rod (if the rod (4) is pushed downwardly on the right end therefore; Figure 3).
Regarding Claim 17, as best understood, Lai teaches the apparatus of claim 15, wherein a contact point (right end of 2 in Figure 3) between the pinching element (2) and the rod (4) is disposed between the pivot joint (31) and the cantilevered end of the rod (right end of rod 4; Figure 3).
Regarding Claim 18, as best understood, Lai teaches the apparatus of claim 14, wherein the holder (3) is configured to be tilted by the rod (4) as the rod tilts (since 4 is inserted into the holder 3, and the holder is pivotable at 31, the holder could be tilted directly or a rod positioned within the holder could be tilted, which in turn would tilt the holder; Figure 5).
Regarding Claim 20, as best understood, Lai teaches the apparatus of claim 18, wherein in the pinched configuration (Figure 3) an interior surface of the holder (3) is configured to hold the rod in a select orientation (as depicted in Figure 3).
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 of this title, 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 19 is rejected under 35 U.S.C. 103 as being unpatentable over Lai.
Regarding Claim 19, as best understood, Lai teaches the apparatus of claim 18, but does not specifically teach wherein upon tilting the rod an amount sufficient to cause the rod to contact the pinching element, further tilting of the rod causes the rod to tilt the holder into the pinched configuration. However, by viewing Figure 5, it can be seen that the surface of rod 4 on the right side extends from the holder (3) and when the rod is tilted sufficiently to cause the rod (4) to contact the pinching element (2, Figure 3) the surface of rod 4 will directly contact the pinching element (2) interior surface (Figure 3). Additionally, as seen in Figure 5, in the unpinched configuration there is a gap between the inserted end of the rod (4) and the interior surface (to the left) of the holder (3). However, by viewing Figure 3, in the pinched configuration the inserted end of the rod (4) is in firm contact with the interior surface of the holder (3). Therefore, it would have been obvious before the effective filing date of the claimed invention to one of skill in the art with a reasonable expectation of success that when tilting the rod from the position in Figure 5, upon contacting the pinching element (2), further tilting of the rod would cause the inserted end of the rod to press upwardly on the end of the holder (3; Figure 3) which would then cause the right end of the holder (3) to further pivot clockwise about 31 until 25/33 engage.
Allowable Subject Matter
Claims 3-8 and 12 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
The Examiner notes that any amendment that changes the scope of the claims may alter the patentability of the claims.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Prior art has been listed in the PTO-892 form.
US 3,159,366 (Knight) teaches a rod inserted in a holder and the rod tilting within the holder, as well as the holder tilting with respect to a base.
US 5,829,731 (Dean), US 4,528,768 (Anderson), US 4,017,998 (Dumler), US 4,154,015 (Holland) teach a pivotable rod holder with the rod holder having a pinching element to secure a rod inserted into the rod holder.
US 4,150,506 (McGinnis et al.) teaches a rod holder having pinching elements.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to INGRID M WEINHOLD whose telephone number is (571)272-8822. The examiner can normally be reached on Monday-Tuesday 7:00am-5:00pm.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Terrell McKinnon can be reached on 571-272-4797. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/INGRID M WEINHOLD/
Primary Examiner, Art Unit 3632