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 .
Claim Objections
Claims 1-3 and 6-8 are objected to because of the following informalities:
Claim 1, line 6: “an inner housing frame member” has already been set forth in the preamble of the claim. Examiner suggests changing to --the inner housing frame member--.
Claim 2, line 6: “a second frame member” has already been set forth in the preamble of the claim. Examiner suggests changing to --the second frame member--.
Appropriate correction is required.
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 7 and 8 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.
Claims 7 and 8 recite the limitations “the hook", “the shoulder”, “the at least one lug”, and “the at least one locking recess”. There is insufficient antecedent basis for this limitation in the claim. Examiner notes that it appears these claims should reference the hinge joint according to Claim 4 (where these features are set forth) instead of Claim 1 (where these features are not set forth).
Claim Rejections - 35 USC § 102
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 (i.e., changing from AIA to pre-AIA ) 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.
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 1-3 and 6-8 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by CN 200982100, hereafter ‘100.
Re Clm 1: ‘100 discloses a hinged joint (figs 3-6) for connecting an outer housing frame member to an inner housing frame member (left “A” and right “A”), the hinged joint comprising:
- an outer housing (1) associated with the outer housing frame member, the outer housing having an elongate seat (where inner housing 2 is seated) disposed between opposing side walls (side walls of housing 1), and a hinge pin (3) supported by each of said side walls (at 12);
- an inner housing (2) associated with an inner housing frame member, the inner housing being at least partially receivable on the elongate seat of the outer housing (as shown), the hinge pin being operatively locatable in a hinge pin guide (22) of the inner housing, the hinge pin guide having a locking guide part (221) and an unlocking guide part (222),
- wherein movement of the outer housing is in association with movement of the hinge pin in the hinge guide of the inner housing (as shown).
Re Clm 2: ‘100 discloses a hinged joint (figs 3-6) for connecting a first frame member to a second frame member (left “A” and right “A”), the hinged joint comprising:
- an first housing (1) associated with the first frame member, the first housing having an elongate seat (where second housing 2 is seated) disposed between opposing side walls (side walls of housing 1), and a hinge pin (3) supported by each of said side walls (at 12);
- an second housing (2) associated with a second frame member, the second housing being at least partially receivable on the elongate seat of the first housing (as shown), the hinge pin being operatively locatable in a hinge pin guide (22) of the second housing, the hinge pin guide having a first guide part (221) and a second guide part (222),
- wherein movement of the first housing is in association with movement of the hinge pin in the hinge guide of the second housing (as shown).
Re Clm 3: ‘100 discloses wherein the hinge pin guides form a generally L-shaped, V-shaped or C-shaped arcuate hinge pin guide (see figs).
Re Clm 6: ‘100 discloses a frame comprising a plurality of frame members (A), including at least one pair of elongate frame members (A) in co-axial arrangement and connected by a hinged joint according to Claim 1 (see above rejection), wherein the frame can move between a self-supporting condition in which the hinged joint is in an open condition (fig 4) and a folded condition wherein the hinged joint is in a folded condition and the at least one pair of frame members are folded (fig 6).
Re Clm 7: ‘100 discloses a method of moving the jointed hinge according to Claim 1 (see rejection above) between an open condition (fig 4) and a folded condition (fig 6), the method comprising the steps of applying manual pressure on the outer housing transversely toward the inner housing to cause the hinge pin to slide within the locking guide part towards the unlocking guide part, rotating the inner housing around the hinge pin to move the hinge pin into the unlocking guide part, disengage the hook from the shoulder of the outer housing, and move the at least one lug out of the at least one locking recess. Examiner notes these method steps are shown between the configurations shown in fig 4 and fig 6.
Re Clm 8: ‘100 discloses a method of moving the jointed hinge according to Claim 1 between a folded condition (fig 6) and an open condition (fig 4), the method comprising the steps of rotating the inner housing around the hinge pin to slide the hinge pin within the unlocking guide part towards the locking guide part, and sliding the hinge pin from the unlocking guide part into the locking guide part, to engage the hook on the shoulder of the outer housing and locate the at least one lug in the at least one locking recess (see the configurations between fig 6 and fig 4)
Claim Rejections - 35 USC § 103
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 (i.e., changing from AIA to pre-AIA ) 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.
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.
Claims 4, 5, and 9 are rejected under 35 U.S.C. 103 as being unpatentable over CN 200982100, hereafter ‘100, in view of Jung (US 2007/0051399).
Re Clm 4: ‘100 discloses a hinged joint (see figs 3-6) for connecting an outer housing frame member (left A) to an inner housing frame member (right A), the hinged joint having:
(a) an outer housing (1) comprising;
- an outer housing channel for receiving the outer housing frame member (see fig 3),
- an elongate seat (receiving inner housing 2), the seat having opposed side walls (side walls),
- at least one locking recess (14, 15) located adjacent an end of a side wall,
- an operably right pivot mounting (left 12) and an operably left pivot mounting (right 12) disposed on each of the side walls;
(b) an elongate inner housing (2) having a longitudinal axis and being at least partially receivable on the elongate seat (as shown), the inner housing comprising;
- an inner housing channel for receiving the inner housing frame member (see fig 3),
- a curved hinge pin guide (22) having a locking guide part (221) and an unlocking guide part (222),
- at least one locking lug (24) disposed on an outer surface of the inner housing and configured to be at least partially received in the at least one locking recess of the outer housing; and
(c) a hinge pin (3) receivable in the operably right pivot mounting, operably left pivot mounting and the hinge pin guide when the inner housing is located in the elongate seat of the outer housing, such that the outer housing is operatively jointed to the inner housing (as shown).
‘100 fails to disclose the outer housing having a hook-receiving shoulder between the side walls, and a hook adjacent an end of the inner housing, the hook adapted to be received on the shoulder of the outer housing,
Jung teaches the use of a hinged joint (fig 8) wherein an outer housing (231) having a hook-receiving shoulder (bottom) between the side walls, and a hook (232c) adjacent an end of the inner housing (232), the hook adapted to be received on the shoulder of the outer housing. This is taught for the purpose of preventing accidental longitudinal movement between the members. Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the present invention to have provided the hinged joint of ‘100 with the outer housing (231) having a hook-receiving shoulder (bottom) between the side walls, and a hook (232c) adjacent an end of the inner housing (232), the hook adapted to be received on the shoulder of the outer housing, as taught by Jung with a reasonable expectation of success, for the purpose of preventing accidental longitudinal movement between the members.
Re Clm 5: ‘100 discloses a hinged joint (see figs 3-6) for connecting a first frame member (left A) to a second frame member (right A), the hinged joint having:
(a) a first (1) comprising;
- a first channel for receiving the outer housing frame member (see fig 3),
- an elongate seat (receiving inner housing 2), the seat having opposed side walls (side walls),
- at least one locking recess (14, 15) located adjacent an end of a side wall,
- an operably right pivot mounting (left 12) and an operably left pivot mounting (right 12) disposed on each of the side walls;
(b) an elongate inner housing (2) having a longitudinal axis and being at least partially receivable on the elongate seat (as shown), the inner housing comprising;
- a second channel for receiving the inner housing frame member (see fig 3),
- a curved hinge pin guide (22) having a first guide part (221) and a second guide part (222),
- at least one locking lug (24) disposed on a first surface of the inner housing and configured to be at least partially received in the at least one locking recess of the outer housing; and
(c) a hinge pin (3) receivable in the operably right pivot mounting, operably left pivot mounting and the hinge pin guide when the inner housing is located in the elongate seat of the outer housing, such that the outer housing is operatively jointed to the inner housing (as shown).
‘100 fails to disclose the first housing having a hook-receiving shoulder between the side walls, and a hook adjacent an end of the second housing, the hook adapted to be received on the shoulder of the first housing,
Jung teaches the use of a hinged joint (fig 8) wherein a first housing (231) having a hook-receiving shoulder (bottom) between the side walls, and a hook (232c) adjacent an end of the second housing (232), the hook adapted to be received on the shoulder of the first housing. This is taught for the purpose of preventing accidental longitudinal movement between the members. Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the present invention to have provided the hinged joint of ‘100 with the first housing (231) having a hook-receiving shoulder (bottom) between the side walls, and a hook (232c) adjacent an end of the second housing (232), the hook adapted to be received on the shoulder of the first housing, as taught by Jung with a reasonable expectation of success, for the purpose of preventing accidental longitudinal movement between the members.
Re Clm 9: ‘100 discloses a kit (see figs 3-6) comprising:
(a) an outer housing (1) comprising;
- an outer housing channel for receiving the outer housing frame member (see fig 3),
- an elongate seat (receiving inner housing 2), the seat having opposed side walls (side walls),
- at least one locking recess (14, 15) located adjacent an end of a side wall,
- an operably right pivot mounting (left 12) and an operably left pivot mounting (right 12) disposed on each of the side walls;
(b) an elongate inner housing (2) having a longitudinal axis and being at least partially receivable on the elongate seat (as shown), the inner housing comprising;
- an inner housing channel for receiving the inner housing frame member (see fig 3),
- a curved hinge pin guide (22) having a locking guide part (221) and an unlocking guide part (222),
- at least one locking lug (24) disposed on an outer surface of the inner housing and configured to be at least partially received in the at least one locking recess of the outer housing; and
(c) a hinge pin (3) receivable in the operably right pivot mounting, operably left pivot mounting and the hinge pin guide when the inner housing is located in the elongate seat of the outer housing, such that the outer housing is operatively jointed to the inner housing (as shown); and
(d) wherein the outer housing, the elongate inner housing, and the hinge pin are capable of assembly into a hinged joint for connecting an outer housing frame member to an inner housing frame member (as shown).
‘100 fails to disclose the outer housing having a hook-receiving shoulder between the side walls, and a hook adjacent an end of the inner housing, the hook adapted to be received on the shoulder of the outer housing,
Jung teaches the use of a hinged joint (fig 8) wherein an outer housing (231) having a hook-receiving shoulder (bottom) between the side walls, and a hook (232c) adjacent an end of the inner housing (232), the hook adapted to be received on the shoulder of the outer housing. This is taught for the purpose of preventing accidental longitudinal movement between the members. Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the present invention to have provided the hinged joint of ‘100 with the outer housing (231) having a hook-receiving shoulder (bottom) between the side walls, and a hook (232c) adjacent an end of the inner housing (232), the hook adapted to be received on the shoulder of the outer housing, as taught by Jung with a reasonable expectation of success, for the purpose of preventing accidental longitudinal movement between the members.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JONATHAN PETER MASINICK whose telephone number is (571)270-3060. The examiner can normally be reached Monday-Friday 8a-5p EST.
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, Amber Anderson can be reached at (571)270-5281. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/JONATHAN P MASINICK/ Primary Examiner, Art Unit 3678