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 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 1-5 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.
In claim 1, line 9-10, applicant refers to “an opening end of the upper and lower assembly slots”. However, the slots do not constitute “an opening end”. Each slot forms an opening in the dropout mounting unit 3. It’s not clear what the “end” refer to and how the two slots form one opening end. In line 13, “a rear side” is referenced, but it is not clear of what claimed structure this “rear side” refers.
In claim 2, line 2, applicant recites “side edge parts” of the upper assembly slot, but this language is misleading. Applicant’s disclosed upper assembly slot 21 is a void or opening and elongated in the front to rear direction. The stopper unit 30 supports portions of the dropout mounting unit 3 at or near front and rear ends of the upper slot. The stopper unit does not support the slot, which is a void or opening in the dropout mounting unit 3, and it does not provide support at “side edge parts” of the slot, but rather at front and rear ends of the slot. Claim 4 refers to front and rear side edge parts, which describe the structure more accurately but it still refers to “side edge” parts, not longitudinal ends of the slot, and it claims that the slot is supported rather than the dropout mounting unit 3.
Allowable Subject Matter
Claims 1-5 would be allowable if rewritten or amended 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.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Choi ‘092 is applicant’s earlier patent.
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/ANNE MARIE M BOEHLER/Primary Examiner, Art Unit 3611
/ab/