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 .
Election/Restriction
1. Applicant’s election without traverse of claims 1-13, 15 and 26-30 in the reply filed on December 29, 2025 is acknowledged. Claims 14 and 16-25 are withdrawn from consideration.
Rejections 35 U.S.C. § 102(a)(1)
2. 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.
Claims 1, 2, 9, 26 and 28-30 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by U.S. Patent Publication (2017/0232484) to Kehoe et al.
Regarding independent claim 1, Kehoe et al. discloses a casing member (14) extending along an axis; a drive member (26) telescopically received in the casing member (14) and moveable between an extended position and a retracted position relative to the casing member (26) along the axis (See paragraph [0037]),
the drive member (26) including a first end and a second end opposite the first end, the first end having an expanded portion that expands away from a remainder of the drive member, the expanded portion configured to contact the casing member (14) and limit the axial movement of the drive member (26); and a flexible cable (See claim 1) removably connectable to the drive member (26).
Regarding claim 2, Kehoe et al. discloses that the flexible cable (See claim 1) includes a sleeve (70) having a cavity (34) and an opening (46).
Regarding claim 9, Kehoe et al. discloses that the expanded portion is frustoconical- shaped (See FIG. 2).
Regarding independent claim 26, Kehoe et al. discloses a casing member (14) extending along an axis; a drive member (26) telescopically received in the casing member (14) and moveable between an extended position and a retracted position relative to the casing member (14) along the axis (See paragraph [0037]);
a flexible cable (See claim 1) removably connectable to the drive member (26); and a crank handle (10) coupled to the drive member (26) to transfer torque to the drive member (26), the crank handle (10) including, a crank arm (74) including a first end (top) and a second end (bottom) opposite the first end,
the first end (shaft portion) including a shank (5), the second end (bottom end) including a swaged section, and a handle (78) coupled to the second end of the crank arm (74), the handle (78) engaging the swaged section to inhibit axial movement of the handle (78) (See paragraphs [0035]-[0038] and FIG. 3).
Regarding claim 28, Kehoe et al. discloses that the crank arm (74) is generally double L- shaped (See FIG. 3) between the first (top) and second ends (bottom).
Regarding claim 29, Kehoe et al. discloses that the shank (5) includes a groove (near element (45) in FIG. 3) configured to receive a locking sphere.
Regarding claim 30, Kehoe et al. discloses the swaged section is a first swaged section (top portion), and wherein the second end of the crank arm (74) includes a second swaged section (bottom end) spaced apart from the first swaged section (top end).
Rejections 35 U.S.C. § 103
3. 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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim 27 is rejected under 35 U.S.C. 103 as being unpatentable over U.S. Patent Publication (2017/0232484) to Kehoe et al.
Regarding claim 27, Kehoe et al. is silent regarding that the handle includes two clamshell halves that define a grip for a user to rotate the crank handle. However, taking an unitary component and making into two halves requires routine skill in the art and it would have been obvious for one of ordinary skill in the art before the effective filing date in order to utilize existing parts.
Allowable Subject Matter
4. Claims 3-8 are 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.
Claims 10-15 are allowed.
Conclusion
5. Any inquiry concerning this communication or earlier communications from the examiner should be directed to MICHAEL D. JENNINGS whose telephone number is (571)270-1536. The examiner can normally be reached M-F 8-4:30pm. EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Monica S. Carter can be reached at (571) 272-4475. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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MICHAEL DEANGILO. JENNINGS
Examiner
Art Unit 3723
/MICHAEL D JENNINGS/Primary Examiner, Art Unit 3723