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 5/22/2026 have been fully considered but they are not persuasive.
Examiner thanks applicant for amendments to forward prosecution towards allowance. Examiner notes that the arguments regarding claim 9 are not persuasive.
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the “axis of the rotation of the support mechanism changes as rotation of the support mechanism” of claim 9. No figures indicate the second axis, which claim 4 now requires is the axis of rotation of the support mechanism; please see 112b rejection below, must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
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 9-11, 21 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 9, applicant claims “position of the second axis changes as rotation of the support mechanism”. This claim language is rejected for two reasons:
A: the drawings do not indicate how the position moves or changes at all; further, claim 4 now indicates that this axis of rotation is that which is the rotation of the support mechanism 62. The rotation of support mechanism 62 depends entirely on the rotation of part 611 of figure 10 within the semicircular grooves of figures 11/12. There is no changing of the axis of each individual support mechanism, since the curvature of the semi circular groove must match the semi circular protrusion in order for these parts to rotate. Applicant indicates two axes in figures 11 and 12, but does not indicate where these axes move to, or any different locations of the axes 01 and 02 in figures 11 and 12. Therefore, the record as originally filed does not indicate that this axis’ position changes as stated in claim 9.
B: Should applicant refer to the axis of the torsion mechanism with the curved active groove in claim 1, this groove connects the torsion mechanism and the support mechanism 62. The active groove of claim 1 is already referred to as having at least two different curvatures in claims 1, 3, 20. If applicant intends that claim 9 is the functional result of having the two different curvatures in groove 84, then claim 9 does not further limit the device of claim 4.
Examiner suggests cancellation of claim 9.
Regarding claims 3 and 20, the last paragraph states “…first torsion mechanism, a second torsion mechanism…and axis pins”. Examiner notes that the axis pins are components of the torsion mechanisms, and are not distinct from the torsion mechanisms. Further, each torsion mechanism has been disclosed to have an axis pin.
In claim 3, examiner suggests the last paragraph reads as follows:
wherein the torsion mechanism comprises a first torsion mechanism, a second torsion mechanism opposite to the first torsion mechanism, and both torsion mechanisms comprise axis pins, the support mechanism is connected to the torsion mechanisms through the axis pins, both torsion mechanisms comprise torsion arms, main shafts, and connection holes, the torsion arms are disposed on ends of the first torsion mechanism and the second torsion mechanism; and the torsion arms are provided with cams and gears, each of the cams is disposed on a side of one of the gears, and each of the cams is disposed around one of the connection holes.
In claim 20, examiner suggests the last paragraph reads as follows:
wherein the torsion mechanism comprises a first torsion mechanism, a second torsion mechanism opposite to the first torsion mechanism, and both torsion mechanisms comprise axis pins, the support mechanism is connected to the torsion mechanisms through the axis pins, both torsion mechanisms comprise torsion arms, main shafts, and connection holes, the torsion arms are disposed on ends of the first torsion mechanism and the second torsion mechanism; and the torsion arms are provided with cams and gears, each of the cams is disposed on a side of one of the gears, and each of the cams is disposed around one of the connection holes.
Dependent claims inherit the same issues from parent claims and do not resolve any indefinite issues.
Allowable Subject Matter
Claims 1-2 are allowed.
Claims 3-7, 13, 15, 17-21 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. Examiner has made suggestions to resolve these issues above.
Claims 10-11 would be allowable if they depend from claim 4.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
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.
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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