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 .
Response to Arguments
Applicant's arguments filed 2/4/2026 have been fully considered but they are not persuasive.
Drawings
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The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. The drawings are not clear as to the distinction between “releasable securing device 19” and “fastening portion 38a”, and applicant does not disclose the use of both 19 and 38a at the same time. Please see 112b rejection below. Neither locking device engages the pivoting axis 7a.
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. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. 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.
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 1-15 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.
Regarding claim 1:
Applicant claims “releasable securing device 19”, which is disclosed by applicant as “in addition to the locking device 38, a releasable securing device 19” on page 11 of the specification 7/14/2023, is claimed and disclosed to be distinct from the first locking device 38. However, based on figure 6b, the scope of “fastening portion 38a” and the scope of “releasable securing device 19” seem to be identical. If this is the case, the applicant should claim it as part of the “first locking device” 38 and not distinct from the “first locking device”, the releasable securing device 19 should be shown in all figures where it is present, like in figure 3b, and applicant should not use the term “fastening portion” intending to mean part 38a. The releasable securing device 19 is shown to directly engage locking element 38c, which is applicant’s claimed “first locking element” 38c, in the same manner that fastening portion 38a does.
Regarding claim 7, “the first locking device includes a first fastening portion”, meaning that the fastening portion in claim 7 is part 38a. However claim 1’s “fastening portion” is part of the second locking device 37, not first locking device 38. Further, applicant claims a “releasable securing device” 19 in claim 1, which performs identical function as the claim 1 “releasable securing device”. The record is not clear how claim 7 further limits claim 1.
Regarding claim 21, pivoting axis is disclosed as part 7a. Neither the first locking device 38 or the second locking device 37 engage part 7a. Second locking device 37 engages pin 7b, and First locking device 38 engages pin 39 (see figure 4a). Examiner suggests cancellation of claim 21.
Dependent claims inherit the same issues from parent claims and do not resolve any indefinite issues.
Allowable Subject Matter
Claims 1-7, 9-20 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
Any inquiry concerning this communication or earlier communications from the examiner should be directed to EMILY M MORGAN whose telephone number is (303)297-4260. The examiner can normally be reached Mon-Thurs 8-5 MST.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
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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/EMILY M MORGAN/Primary Examiner, Art Unit 3677
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